When most employers think of workers’ comp claims, they understandably focus mainly on situations and equipment within the workplace that may cause an injury to employees. However, many fail to consider that even some injuries that occur outside the workplace may still qualify as a workers’ comp claim. While these off-site events bring many benefits, such as a morale boost, they bring risks to the employer as well.
Company-Sponsored Off-Site Functions
Company-sponsored, off-site functions serve a variety of purposes ranging from company league softball games and picnics which boost morale, to retreats aimed at discussing strategic initiatives. Many employers believe that if they state that the event is voluntary that it relieves them of any responsibility for injury, but that isn’t the case. If the employee can prove that mandatory attendance at the event was implied, then their injures fall under workers’ comp. Additionally, courts have ruled that such injuries are valid workers’ comp claims even though they were not received while performing regular job duties.
To complicate matters even further, some employee claims may fall under workers’ comp while others would not. For example, if the company appoints someone to organize an event, there is an implied expectation for them to attend. Thus, their injuries would be covered under workers’ comp. However, other workers may not have felt they had to attend. Thus, their injuries would not fall under workers’ comp.
Employee-Organized Events
Even events that are not specifically company sponsored but that are organized by the employees themselves can bring workers’ comp woes. This could include a bowling night organized by one of the departments or even a going away party for another employee. In the case of employee-organized events, the business owner, executive leadership and the HR department should be very careful to not encourage attendance, which would change the event from a voluntary one to one that has implied mandatory attendance. Additionally, it’s imperative that the company not provide any financial assistance for the event, even in renting the location or purchasing food or drinks.
