Office holiday party season is upon us, and an end of the year office party can be great for company spirit. Most of the time these parties go off without a hitch, but sometimes people have a little too much fun or an accident occurs and a employee suffers an injury. Although they may not have been performing work duties at the time of the injury, they were participating in a work function, so are they entitled to workers’ compensation? We explain how Minnesota handles injuries during office parties in today’s blog.
Compensation For Office Party Injuries
The laws regarding compensation for injuries suffered at holiday parties or corporate retreats can be bogged down with gray areas, so it’s always a good idea to seek out professional representation if you’ve been hurt at a work function. The main reason why it can get complicated is because Minnesota defines whether or not a person can get compensation at a work event, but then they list a bunch of exceptions to their own rule.
Subdivision 9 of Minnesota statute 176.021 states:
“Injuries incurred while participating in voluntary recreational programs sponsored by the employer, including health promotion programs, athletic events, parties, and picnics, do not arise out of and in the course of the employment even though the employer pays some or all of the cost of the program.
So Minnesota seems to suggest that injuries suffered at holiday parties are not compensable under workers’ compensation law. But as we mentioned above, there are a number of exceptions to that law.
Exceptions To Consider
The statute we referenced above goes on to list some exceptions to the rule. For example, the next sentence states “This exclusion does not apply in the event that the injured employee was ordered or assigned by the employer to participate in the program.” In other words, if attendance at the holiday party or corporate retreat was mandatory, or you were being paid to attend the event, you are considered to be acting as an employee and therefore allowed to collect workers’ compensation for any injuries you suffer as a result.
Other exceptions to the law include:
- Attendance was not mandatory, but those who chose not to attend were required to remain at work.
- Attendance was not mandatory, but clients or prospective clients were at the event, and there was an expectation to work or further the company’s business prospects at the event.
- Attendance was not mandatory, but there would be repercussions for not attending the event.
- The party was promotional in manner, and the employer stood to benefit from the evening.
- The employee was coerced or incentivized into attending the event.
- The party took place on work property, and management failed to account for a specific risk that led to injury (like a wet floor after people tracked snow inside the building, leading to a fall injury).
With all these exceptions, there’s a very good possibility that the injuries you suffered at that work party or employee wellness retreat would be covered under Minnesota’s workers’ compensation law. If you’re not sure, there’s no harm in consulting with a workers’ compensation lawyer, because we only get paid if you win your case. To talk to a lawyer about your options or the specifics of your case, reach out to Hey Workers today.
