It's all fun and games until someone gets hurt
“Fun and games” with co-workers can benefit both employer and employee in many ways, but when an employee is injured during such a recreational activity, he or she is often not entitled to workers’ compensation benefits. Under Illinois law, injuries from accidents that occurred during voluntary recreational activity would generally be excluded from coverage.
But there are exceptions to this general rule, and often those exceptions turn on the control the employer had with regard to the recreational activity. The more involved the employer is in the activity, the greater the chance that recreation can be categorized as work for workers’ compensation purposes.
When, for example, there is a company ball game or picnic, it is relevant whether the employee was ordered or assigned to participate. If the employee had a choice to opt out of the activity with no ramifications, it is less likely to be considered a work function. But where the employee had to use a personal or sick day, or give up some other kind of benefit, then the employer has essentially mandated attendance making it a work-related activity.
Sometimes what may seem recreational is really furthering the company’s business or interests, such as building relationships with customers. If a company-sponsored activity is strongly encouraged because it will benefit the business, and workers are made to feel that their support of this is necessary, then that too could place the activity into a different category for workers’ compensation benefits.
Other exceptions can be found as well, when the recreational activities take place during lunch or other break time at work. Generally, employee activities during breaks are considered part of the work day, because they are acts of personal comfort for the employee. Illinois had recognized the “personal comfort doctrine” to compensate workers for injuries that occur during the work day that may not seem to be directly related to the job, but which employees need to do for their own health and comfort. These activities have included eating, using the bathroom and cooling off, among others, as long as the activities are done in a reasonable manner.
Injuries during activities that relate to personal comfort have been more likely to be compensable as work-related where the company knows about them and acquiesces to the practice. Even when the employees are not being paid during the activity, if the recreational activity that takes place during lunch time on the company premises, and using company property, the case is stronger for an accident to be compensable under workers’ compensation.
Though injuries that happen during voluntary, recreational activities are less likely to receive workers’ compensation benefits, the analysis does not end there. As the exceptions show, it is important to look at the details in determining what your rights to compensation may be.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
