Can I Collect Workers’ Compensation if I’m Injured at an Office Party?

Many businesses host parties for their employees at specific times of the year, particularly during the holidays. Sometimes these get-togethers occur at other times as well in order to thank employees for a job well done, or boost employee morale. If, as an employee attending one of these functions, you sustain a physical injury at the event, are you entitled to receive workers’ compensation benefits?

Oklahoma’s workers’ compensation program does not include coverage for injuries suffered while participating in social or recreational activities for the employee’s personal pleasure. However, some circumstances related to office parties or other special company-sponsored events may qualify employees for coverage.

Certainly, an employee may pursue a workers’ compensation claim for an injury stemming from his or her regular employment duties. For instance, if a job task that involves climbing to an elevated height results in your fall and severe back injury, you have the right to recover workers’ compensation benefits. However, when you are participating in a gathering sponsored by your company such as an office party, the question of whether your participation falls within an act of employment may depend on the expectations the company has for your attendance and participation.

Is it work related?

A company office party that the employer does not require the employee to attend would not normally fall under the duties or scope of employment that qualify for a workers’ compensation claim. As such, if you sustain an injury at an office party sponsored by your company, it may be considered a work-related event, and thus the basis for a workers’ comp claim if:

• Your attendance is required – Your employer says you must be there.
• You are paid to attend the event – If your employer is paying your wages for attending, even if the event is voluntary, any injury you suffer at the party may consider work-related.
• Business and work are conducted – If your employer passes out bonuses and rewards, discusses business plans for the next year, gives presentations, the employer is reaping benefit from your attendance. As such, the party may fall within the scope of employment activity.
• There is punishment for not attending – If your pay is withheld or you are forced to take a paid day off for missing the event, then the event is likely work-related.

However, if the company party is a completely voluntary event, any injury you may sustain during your attendance will likely not be covered under workers’ compensation.

Reaching the level of employment activity

The entire scope of facts and activities surrounding the event may be evaluated by your workers’ compensation attorney to determine if it falls under the category of employment activity. The level at which your employer encourages or even compels your participation may indicate whether you have a reasonable case for filing a workers’ compensation claim for injuries sustained at the function.

Our experienced Oklahoma City workers’ compensation attorneys at Cunningham & Mears are here to help maneuver your claim toward a successful outcome, regardless of whether you have previously encountered problems with a denied claim. We are here to fight for you. To begin with a free, no-obligation consultation, call us today at 405.212.9234 or complete our contact form.