No compensation for work party injury, unless attendance was required

 

If you get hurt at a work picnic or holiday party, you’re probably not eligible for workers’ compensation. It’s generally seen as outside the boundaries of a compensable work injury.

The exception is if you were required to be at the event. If so, you may have a good argument for benefits – medical coverage, lost wages, etc. If you simply felt obligated to be there, that’s probably not enough.

As you may suspect, there are gray areas. If the purpose of the event was to entertain or speak with clients, you may be able to argue for workers’ compensation benefits.

Aside from workers’ compensation, there may be another potential claim in the case of a work party injury: if you were injured because of someone’s negligence. If your employer was negligent in maintaining their property and you were injured, you may have a personal injury lawsuit. The same thing is true if the party or event was at a restaurant or hotel. You may have a personal injury case against them, as well.

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.

 

Holiday party injuries are usually not covered. Unless . . .

Hopefully your company still has a holiday party.  Most of these events are volunteer occasions which means that there is no punishment if you don't attend, at least not one that is publicized.

If you are at the office party this year and slip on a wet floor twisting your knee or sustain any other injury it is only compensable under Illinois workers' compensation laws if it was mandatory that you be there.  Otherwise you have no case.

It's mandatory if there is some repercussion for not attending.  Plainly speaking that means if you are threatened with losing your job, forced to take a vacation day, not given a bonus because you didn't show up or clearly denied a promotion.  You have to have some sort of proof, not just a feeling that it's good office politics to attend.

Two things to think about:

1. If you were injured at an office party, but were there to entertain clients then you might be covered if you get hurt because that can be seen as an act of your job.

2. If you get hurt because of someones negligence you may have a personal injury lawsuit.  Usually you can't sue your employer for negligence, but this is one time when you might be able to.  And of course, if the restaurant where you got hurt caused your injury you could sue them too.

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.