Employee gets hurt at company picnic, does this fall under W.C.?

HENRY · July 2003

WE HAD OUR ANNUAL COMPANY PICNIC, THIS IS THE FIRST TIME AN EMPLOYEE GOT HURT, OUR PICNIC WAS AT A LOCAL WATER PARK, ONE OF OUR EMPLOYEES GOT HURT ON ONE OF THE WATER PARK RIDES. IS OUR COMPANY RESPONSIBLE FOR THIS, DOES THIS FALL UNDER OUR WORKMAN'S COMP.?
ANY SUGGESTIONS ANYONE?
THANKS
HENRY

Eliant · July 2003

I say NO. However I ask? It was a voluntary activity? Was he helping with any of the picnic activities or participating in the activities? You need to provide more specific information. I still think NO. ( I would call the W/C carrier)

If he would have gone to the this waterpark on his own and gotten hurt, what would have happen?

Something to consider, was it due to an unsafe situation (Park's fault)

Cheryl S SPHR · July 2003

My response to anyone who questions whether they should fill out a first report of injury is always, "when in doubt, fill it out." It is then up to your carrier if it is a covered injury.

I would say no -- it was not in the course of employment. But, I would let the carrier make the call.

juju · July 2003

I agree that you should report the claim. I bet your carrier will probably deny it (although stranger things have happened!). We had a situation where an employee was injured playing softball at a voluntary planning session/picnic. Our carrier denied it.

Margaret Morford · July 2003

The employee should also file a report with the water park. It may be liable for the medical bills, etc.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Rockie · July 2003

I think the key to this is a "voluntary" activity. It was not in the course and scope of employment of which WC is founded, so I would have to say not a covered incident. Good advice,though, to let the WC company issue the denial.

Employee gets hurt at company picnic, does this fall under W.C.?

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