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Social/recreational activities waiver

HR VetHR Vet 3 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
One of our employees recently suffered a serious injury while practicing baseball during her lunch, outside our facility. Here in California, employees tend to litigate on just about anything. Even though we and our carrier are both denying the claim, it will probably end up being litigated. For the future, does any one have a sample of a waiver to be used when employees are engaged in social or recreational activities that may or may not be sponsored by the Company?
If so, I would greatly appreciate it if someone could share this with me. Thanks.
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Comments

  • 3 Comments sorted by Votes Date Added
  • mushroomHRmushroomHR 583 Posts
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    Check with your state's bureau of workers' compensation. The Ohio Bureau provided one for us to use in situations such as you describe.
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  • BalloonmanBalloonman 972 Posts
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    No way to effectively do this. Fact is if you do, and you miss one, and they get hurt you will get hung. It either is work related or not. Fight the ones not work related, it is really all you can do.
    My $0.02 worth!
    DJ The Balloonman
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  • marcmarc 3,126 Posts
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    We had a similar debate about getting a waiver from volunteers related to Workers Comp coverage. Our lawyer asked some interesting questions, one of which was similar to Balloonman's point: "So if a volunteer does not sign a waiver does that mean he is covered?" We did not think so but got his point. I think you are in the same spot here plus, I have little faith in these types of waivers.

    That said, I still try to get them or cover this type of activity with a policy that everyone has signed - you are taking your own risks not associated with your employment at the Company.
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