Can I Get Workers’ Comp for a Slip and Fall at a Company Party?

The benefit to a WC claim in California is the fact that you don’t need to prove negligence by your employer or anyone else to receive these benefits. Generally, you are covered under workers’ compensation as long as you were injured while acting in the employer’s interest. This is easy to understand if you slipped and fell during your work shift, but what if the accident occurred at a holiday party?

Even though a party is generally outside of your job duties, you may be eligible for worker’s comp if the party was:

• Sponsored by your employer
• Attendance is mandatory, or it’s implied that attendance is expected / mandatory

We also have to look at the nature of the event, like is this an official event where invitations were sent out by the company? In that case, the party may meet the qualifications for a work-related function. This is different than a gathering organized by the workers without official endorsement from the employer. An accident at such an event is unlikely to be “work-related” for the purpose of filing a worker’s compensation claim.

We also have to consider the specific details of how you came to be injured at a company holiday function. Even at a party, you may be doing tasks that benefit your employer, like setting up decorations in the room where the party is being held. Unfortunately, someone failed to put away the extra tinsel they were putting on the tree, and instead, left it on the floor. As you walk backwards to examine the decorations, you slip on the tinsel and hurt your shoulder from hitting the floor. This scenario is likely to meet the definition of a work-related accident, meaning you can seek workers’ compensation benefits like medical expenses and temporary disability benefits.

Another factor that can influence your right to WC is the time and location of the party. Many of these parties follow a shortened work day, but at least some of the party occurs within the employee’s normal work hours. If you got hurt from a slip and fall during this time, you would have a stronger case for WC than if the party was an after-hours gathering at an off-site location.

Typically, any employer in the state of California is required to carry insurance coverage for workers’ compensation. Though WC is a state-sponsored program, each employer must obtain coverage for injuries to their employees from a private insurance company. In addition, workers’ compensation claims are based on a no-fault system, meaning no one has to be at fault for the accident in order for the worker to receive benefits.

What needs to be established is that the injury is work-related, and this is where accidents at a holiday party present complications. In addition, many slip and fall accidents do involve negligence by someone other than the employee or the employer. This is particularly true at off-site events, like a holiday dinner that your company hosts at a local restaurant. At this type of party, there may be conditions at the venue, like a spilled drink on the floor that causes you to fall down and sustain one or more injuries. Under the law of premises liability, you may have grounds to file a slip and fall accident claim against the restaurant.

The legal team here at DTLA Law Group can help you determine whether you have a workers’ compensation or personal injury case on your hands .Contact our law firm and talk to a holiday party at work accident attorney.

If you are filing a workers’ compensation claim, the process begins by telling your employer about the injury within 30 days of the event. Your employer will notify the insurance company and give you the forms that you’ll need to fill out. Please note that you have 1 year from when you slipped and fell at a company party to file the claim. As long as your paperwork is in order and there are no disputes between you and the insurance company, you should start to receive replacement wages and other applicable benefits within 2 to 4 weeks.

If you are filing a personal injury lawsuit, the statute of limitations is 2 years of when you were injured from a slip and fall. In these cases, you are suing an entity other than your employer, so you are working with different procedures that you would for a WC claim. Keep in mind that in some cases, the deadline may be shorter or longer than the standard window of 2 years. Make sure to confirm the deadline for a lawsuit by contacting a slip and fall attorney at our office.

Here ta DTLA Law Group, we have experienced attorneys that understand the nuances of accident claims that are work-related. Our legal team is here to guide you through the process from start to finish. We also work on contingency, so you won’t be charged for any legal fees upfront. Our Zero Fee Guarantee defers the cost of legal services until you receive your settlement. If, for any reason, we fail to obtain your payment, you owe us absolutely nothing.

To schedule a free case evaluation with a company parties slip and fall attorney, contact out law firm today.

Other Pages on Our Website Related to This Topic
Average Settlement Amount For An Amazon Worker’s Compensation Claim
Average Amount Of A Home Depot Worker’s Compensation Claim
What Is The Average Walmart Worker’s Compensation Settlement?