Are Holiday Party Injuries Covered By Workers’ Compensation?

Ah, the holidays. It’s a time for food, friends, family and festivities. It’s also the time of year when many workplaces host holiday parties.

But what happens when an employee at a work party is injured? Does workers’ comp cover such an event?

It depends on a number of factors. When it’s a question of whether a work event injury qualifies for workers’ compensation, courts consider these factors in their decisions:

• Whether the employer expected or required employees to participate.

• The company’s level of sponsorship.

• If awards or bonuses were announced or given out.

• If the accident occurred on company property. If so, did the accident result from an unsafe condition that the employer should have fixed?

• How much the company benefits from the activity.

• When the activity occurred in relation to work hours.

Expected attendance by employees is one of the most critical components when courts decide whether a work event qualifies. California law states that injuries from voluntary recreational activities are not eligible for workers’ compensation. This eliminates most work events from falling under the company’s responsibility.

However, the exception to this law is if the employer required employee participation - either directly or indirectly. As such, a work event would be within the course of employment if attendance was mandatory, even if the employee was not being paid for their time.

The level of company involvement and sponsorship also affects workers’ compensation eligibility. If the employer covered all costs, or if senior staff distributed awards at the event, the employee may be able to make the case that the company/workplace sponsored the event. This level of sponsorship can make a workers’ compensation case more valid.

Work events, like holiday parties, can be a fun time to relax with your coworkers. However, accidents can happen anywhere and, if you suffer an injury at a workplace event, you need answers regarding your right to compensation.

California law has guidelines regarding whether or not an accident at a work event qualifies for workers’ compensation, but they are not always clear. If you are injured at a holiday party or other work event, and your employer tells you that you don't qualify for workers' comp, you may want to consult with an attorney. They can advise you, based on your specific circumstances, whether you have a right to seek compensation and from whom.

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Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.