In order to develop chemistry and company morale, many workplaces throughout the country host team building and recreational events for their employees, from lunch outings and happy hours to company picnics or softball games and holiday parties. But what happens if an employee suffers an injury during a company-sponsored event?
In general, employees who are injured while performing their job duties will qualify for workers’ compensation benefits. Thus, if an employee is injured while voluntarily attending a social event that is otherwise coordinated by other workers, the injured employee is ineligible for workers’ comp benefits.
On the other hand, an injury that occurred during a social event will likely be covered if the following factors exist:
Attendance was mandatory – If employees were required to attend a work-related event, or had any reason to believe attendance was mandatory, such an event would be considered within the scope of their employment, especially if there were any potential repercussions for missing the event.
The event occurred during work hours and/or on company property – If the event was held during normal business hours and/or on company grounds, the injured worker may such an event would be considered within the scope of their employment. In contrast, if the event was located off-site and occurred after work hours or otherwise when the employee is off the clock, then an injury at the event will not lead to workers’ comp benefits. Even if an event occurs on company grounds, employers should review their general liability and insurance policies, as well as provide liability waivers for employees to sign if they host a recreational or social event.
The event benefits the employer – If employee attendance to a specific event—such as a brainstorming session or work presentation—benefits the employer, such attendance is within the scope of employment. However, if the event is only for the employee’s benefit, the injury will not be covered by workers’ comp.
If you have suffered a workplace injury in Albuquerque, NM, call Michael J. Doyle, Attorney at Law at (505) 219-2176 or complete our online contact form today to request a free consultation. Our firm has nearly two decades of trial-tested experience!