Minnesota law defines a few specific examples where an individual, despite being fueled by work-related tasks or motivations, may not be eligible for workers’ compensation in the event of an injury. The most common exception is the commute rule, in which most standard employees are not considered to be eligible for workers’ compensation benefits if they are injured during their commute to and from their job. There are of course exceptions to this exemption, but for the most part, a typical worker is not considered to be eligible for workers’ compensation when they are heading to their job or driving home after a long day at the office.
Another exemption is the recreational activity exemption. As Minnesota Sec. 176.021, Subd. 9 lays out, “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. 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 you’re engaging in recreational activities related to your employment, but not specifically related to your job duties, you may be ineligible for workers’ compensation.
Recreational Activity Injury Exemption
Let’s use two examples to further explain where the exemption would and wouldn’t apply.
Example #1 – Lisa’s company is putting on a walking challenge, where different departments compete to see which department can walk the most during a given month. After work, Lisa heads home and decides to get some steps in. While going for a walk, she slips and fractures her ankle. Although her motivations are tied to a work-promoted activity, this type of injury would not be considered eligible for workers’ compensation benefits.
Example #2 – A teacher is paid to supervise students as part of an after school program until 5 p.m. each night of the week. During one of these sessions, she joins a basketball game with some of the kids she’s supervising. She goes up for a rebound, lands awkwardly and tears her ACL. This actually happened in Minnesota, and the Minnesota Supreme Court ruled on the matter last week. They ruled that the teacher was eligible for workers’ compensation benefits because her actions “served the students’ benefit and advanced the school’s mission, not her own recreation or wellness.”
Another big key with the recreational activity exemption is whether or not attendance or participation was mandatory. For example, if you went on a mandatory work retreat and were injured on the ropes course, or you suffered an injury playing volleyball at the company picnic that you were told you needed to attend, then these injuries would fall under the workers’ compensation umbrella.
The recreational activity exemption isn’t always black and white, and even if you believe you have a strong case, you will likely run into stiff opposition from your employer or their insurance company. The teacher in the second example had to take her case all the way to the Minnesota Supreme Court in order to collect the benefits she deserved, so know that you’ll want an expert in your corner if there’s even a chance that the recreational activity exemption will be called into question. Let us build a strong case for you so that you can get the benefits you deserve.
For more information about workers’ compensation laws or exemptions, reach out to the team at Hey Workers today at (844) 439-9675.
