The first question is what is covered and what is not covered by workers compensation. Depending on your job description, you might be covered for horseplay to practical jokes. You’re also not covered if you’re injured while traveling for work or on a mission for a company. However, if you’re covered for a specific accident, such as a fall at a concert, you’ll be eligible for workers’ compensation benefits.
Horseplay
While horseplay is rarely an acceptable workplace activity, there are some instances where it occurs and results in injuries to employees. In some cases, an employee’s injuries may be covered by workers’ compensation if the incident resulted from a safety rule or unexpected event. This article will explore three examples of horseplay that resulted in workplace injuries and how horseplay affects workers’ compensation claims. After reading this article, you should be able to decide whether your company’s insurance covers horseplay.
In a recent lawsuit, a woman claimed that a coworker was responsible for injuring her during a routine mold inspection. The woman, an employee at a mold inspection and product packager, said she was a victim of workplace horseplay, and her employer was forced to pay her for her injuries. The case was settled out of court, with the worker’s compensation company determining the damage was due to the employee’s “nonparticipatory” nature.
Practical jokes
The question arises as to whether workers’ compensation laws cover practical jokes at work. Practical jokes can be a form of workplace harassment and may not be covered by workers’ compensation, but an employee can bring a claim if they are injured on the job. The court will look at the specific circumstances of the incident to decide whether practical jokes are covered or not. Here are some examples. First, an employee was severely injured at work after being caught in a practical joke. The practical jokers were known to be pranksters.
Another example is when a coworker leaves a spring-loaded clown in a locker. This spring-loaded clown strikes the victim in the face and causes them to suffer an injury. The spring-loaded clown was placed in the locker as part of a joke by a coworker. The victim did not intentionally participate in the horseplay, but it was a practical joke that backfired.
Commute injuries
A typical example of an accident not covered by workers’ compensation is an injury that occurs during the commute to work. Even though your job caused the damage, it wasn’t within the scope of your employment, and you weren’t at work, an accident while on your commute is generally not covered by workers’ compensation. In some cases, however, an accident while on your commute may qualify for workers’ compensation.
Workers’ compensation insurance doesn’t cover most commuting accidents because they don’t constitute part of the duties of the employee’s job. However, if the injury occurs in the company’s parking lot, then it may be covered. However, if the accident occurs outside of the company’s parking lot, it probably isn’t covered under workers’ compensation. Therefore, regardless of where the accident occurred, it’s vital to report a potential workers’ compensation claim as soon as possible. This allows the insurance carrier to investigate and determine whether the accident is compensable.
Recreational events
Injuries sustained at company-sponsored social or recreational events are not covered under the Workers’ Compensation Act. For these types of events to be protected, an employer must require the participation of employees, make the activity a part of the employee’s services, and derive a material benefit from the event. The courts have been broadly consistent in interpreting this standard and have thus upheld the exclusion of social and recreational events.
Many employers assign employees to organize and run recreational events. These employees may be responsible for running a team, buying refreshments, and setting up a location. The employees who organize these events take time off during their work hours and are generally paid. If an employee is injured while performing these duties, they are entitled to compensation benefits. However, employers must be careful to ensure the recreational event does not create a risk to an employee.