If you have suffered an injury at a company event, such as a softball game, you might wonder whether you have a right to collect workers’ compensation benefits or whether you have to rely on your personal health insurance and forego any wage replacement. The key is whether a court could find that your injury was work related. But just when does a company-sponsored social event qualify as work?
If the company softball game occurs during regular work hours, it’s easier to see how it might be work related. Court also looks at several other factors:
- To what extent did the employees feel the company expected them to attend?
- Did the game confer any benefit upon the company?
- To what extent did the company sponsor the game?
- Did the game take place on company grounds?
- How regularly do games like this occur?
If there is evidence that attendance was mandatory, a court will usually find the game is work related. There need not be a definitive written declaration that participation in the game is required; there only has to be enough indication of pressure to attend for the court to infer that employees felt obligated.
If the game promoted the company’s image with clients, it could also be seen as work related, because that would confer a benefit on the company.
Companies are very wary these days about the consequences of sponsoring social activities for employees, especially when alcohol is served. So, many businesses take affirmative steps to guard against giving the impression an event such as a softball game is work related. However, a company’s statement that an event is purely voluntary would not necessarily insulate the company from liability. If management gave participants in the game some kind of preferential treatment at work, a court could infer that workers were under the impression that attendance was mandatory.
Employers routinely deny workers’ compensation claims by asserting an injury is not work related. If your claim has been denied, an experienced workers’ compensation attorney at Crane Flores, LLP can help. Call us today at (805) 628-4967 or contact our offices online to schedule a free consultation.