Workers’ compensation is insurance that covers employees if they become injured or ill as a result of their job. It covers medical care costs as well as additional benefits such as payment for lost wages, vocational retraining, and disability. Virtually all employers in Nevada are required to provide workers’ compensation insurance for their employees. Employees accept workers’ compensation in exchange for relinquishing their right to sue their employer for their work-related injuries.
When people think of workers’ compensation cases, they may think of a slip and fall accident when a grocery store worker loses their balance on a wet floor or a back injury when a warehouse worker strains to lift a heavy box.
But what about if you are injured during a company party or other work event? Maybe you trip on a microphone cord or slip and fall on an icy walkway leading into the venue. Perhaps you throw out your shoulder playing cornhole, or you get food poisoning from the catered meal. Now what? On the one hand, it was a company-sponsored event, but you were not necessarily in the line of duty.
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Variables that Could Affect Your Case
Every case is different, and we recommend talking to an experienced work injury lawyer to see how likely it is that workers’ compensation will cover your claim. However, here’s a list of circumstances that could affect the likelihood of your getting coverage.
• Was a Third Party Liable for Your Injury?
If a third party is responsible for your injury, it will take your case out of the realm of workers’ compensation. For example, let’s say your work party was being held at a restaurant. If the restaurant had a gap in the flooring that they had failed to fix and you tripped over it, sustaining an injury, your case would likely be with the restaurant—not with your employer. Or if the waiter did a tableside preparation of cherries jubilee and burnt your arm while they were flambeeing the cherries, you may be able to file a lawsuit against the restaurant.
• Was the Event on Company Property?
The location of the event can be an important detail of your case. If the event took place on company property, workers’ comp will be more likely to cover.
• Was the Event Mandatory?
Workers’ compensation is more likely to cover your injury if it happened at an event that you were required to attend. For example, you would have a stronger case if your injury occurred at a mandatory teambuilding event vs. an optional company picnic.
• Were You Paid to Attend the Event?
Did your event occur during normal work hours when you were on the clock? Or were you attending an unpaid work event outside of your usual shift? You’ll have a greater chance of getting coverage if you were being compensated for attending the event.
• Did the Event Benefit Your Company?
Perhaps your company hosted a local event to network with the community or organized a 5K as a money maker. If you were attending one of these events when you were injured, you would likely have a stronger case because the event furthered your company’s interests.
• Did Your Company Fund the Event?
Who took financial responsibility for the event? Was it a loosely organized happy hour at the local bar where everyone showed up and bought their own drinks? Or a catered Christmas party fully funded by the company. If the company was financially responsible for the event, they will likely bear more responsibility for any injuries that occurred there.
• Was the Injury Alcohol-related?
Alcohol can lower inhibitions and judgment and invite a host of injuries–whether it’s from someone tripping and falling due to lowered situational awareness or driving drunk and getting in a car accident.
The worker’s compensation insurance provider may weigh the following questions for alcohol-related accidents:
- Did the employer pay for the alcohol?
- Did they serve the alcohol (or hire people to serve it)?
- Did they have (and enforce) a policy for limiting the number of drinks people could have?
- Did they observe the employee drinking too much?
- Did they take precautions, such as providing designated drivers? Or lining up rideshare transportation?
What Do I Do After Being Injured at a Work Event?
• Report the Injury
Let your boss or supervisor know about the injury. They can have you fill out the needed paperwork to submit a workers’ compensation claim.
• Document the Accident
Take pictures that show where and how the injury occurred (or have someone take them for you). If the injury is visible, take pictures of the injury itself. Get contact information from witnesses. When you’re well enough, write down (or dictate) the details of the accident, including how and when it occurred. Time can fade these details, so it’s best to lock them in in writing.
• Get Medical Help
If you need emergency care, get help right away. Your health is the top priority. Even if your injuries don’t feel serious, get them evaluated. A doctor may be able to detect injuries that you haven’t noticed yet and keep you from injuring yourself further. An initial medical exam also provides a valuable baseline for your legal case. A favorite tactic of workers’ compensation insurance is to pin your injuries on pre-existing conditions. This initial visit can provide evidence of an original injury.
• Comply with Your Doctor’s Orders
If the doctor recommends medications, take them as prescribed. If they recommend specialty care or therapies, comply with their orders. Failing to follow through on the doctor’s orders or missing appointments can show that you’re not very serious about getting better, ultimately hurting your case.
• Document Costs
Save medical bills and keep track of the days you couldn’t work due to your injuries. These can help show just how costly the injury has been.
• Contact a Worker’s Compensation Lawyer
Because work event injuries fall into a gray area, it’s wise to navigate them with the help of an experienced workers’ compensation attorney. They can help you understand your rights and see through any underhanded tactics that your employer or their insurance provider may be using.
Our workers’ compensation lawyers serve Las Vegas, Summerlin, Henderson, and beyond. Contact us to find out how strong your case is and get the support and expertise you need to win your case.
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