Dec 21, 2016
Can You Pursue a Workers’ Comp Claim if You’ve Been Injured at a Holiday Party?
Most people are aware that they can pursue a workers’ compensation claim if they are hurt at work. In order to pursue a claim, an employee’s injury must have arisen during the course of his or her work duties – for example, if an employee falls off a ladder at work and injures his or her back. But what happens if an employee is injured at a holiday party? Does a work get-together count as within the scope of a person’s employment?
The big question here is whether a holiday party is incidental to employment. The answer to this will vary from case to case. If the holiday party is not required by the employer, it probably won’t fall under the scope of employment and therefore would not give rise to a valid workers’ compensation claim. However, if the employer requires employees to participate or treats the party as a way of compensating employees, an employee injured at such an event may be eligible for compensation. For example, if an employee is only able to collect his or her yearly bonus or receive an employment award at a company party, the party may be viewed as an activity of employment by the courts.
Because incidences like these are not common and vary so much from case to case, you should immediately seek the help of an attorney who specializes in handling workers’ compensation cases. The Atlanta workers’ compensation lawyers at Hansford McDaniel LLC are prepared to answer your questions and help you determine if you have a claim. To speak with a member of our team, please call us at (770) 741-2825.
We wish you a happy and safe holiday season!