If I Get Injured at a Company Holiday Party, can I File for Workers’ Compensation?

Depending on the circumstances, accidents at a company holiday party may qualify for benefits under workers’ compensation. The key with any WC claim is to show that the injury occurred while you were acting in your employer’s interest, i.e., within the scope of employment. So, how can you meet this requirement if the incident took place at a festive gathering?

Here are some questions that can help you determine your right to worker’s comp:

• Was the party where you were injured sponsored by your employer?
• Did your employer require attendance at the gathering or imply that attendance was mandatory?

If you can answer yes to both questions, it can be argued that the party is a company sponsored event, rather than a social gathering that you can choose to attend or not attend. Some finer points may be considered as well, like was the party paid for by the company with invitations that were sent to all employees, and not just a specific group of people?

These are just some of the details that can help define a work-related function versus a casual gathering with people at your job.

The cause of injury is another factor that we must examine when it comes to your legal options for compensation. For example, you may have gotten hurt while hanging up decorations or setting up tables and chairs for a work-sponsored party. Perhaps you ended up with a burn injury while setting up the hot drinks station.

In these scenarios, it’s plausible to say that you were acting on behalf of your employer, since it was a company-wide party that was paid for by the employer. So, you are likely to have a good case for workers’ compensation benefits, like medical expenses and replacement wages.

The location of the party and when it was held also play a role in your right to file a WC claim. If the party took place at the work site after an early closing, that means you were still at work during hours that normally fall within your shift. Under these circumstances, making a case for worker’s comp is easier compared to holiday parties that are off-site, outside of your normal work day.

Most employees in California are required to obtain workers’ compensation coverage for their workers. Employees are entitled to these funds for any type of accident or work-related illness, even if no one can be blamed for causing the injury.

These parameters are difficult to apply when it comes office parties and other social functions held by an employer. If the party takes place outside of business hours at an off-site location (hotel, restaurant, etc.), it would be challenging to argue that you are entitled workers’ comp. This is particularly true if attendance at the party was voluntary.

However, it’s possible that you may be eligible for damages from a premises liability claim. Here, you are asserting that negligence by a property owner / business is the reason you sustained one or more injuries. Maybe you slipped and fell down at a restaurant because the floors were wet from a leaking pipe. This is a hazardous condition that is likely to cause an accident, so you can seek compensation for your medical bills and other financial losses by filing a claim with the owner.

Our team of personal injury lawyers can help you determine the best course of action during a free consultation. Contact DTLA Law Group today if you were injured at a company holiday party.

California’s workers’ comp laws require employees to report a work-related injury or illness to their employer within 30 days. In most cases, this would be 30 days from when you are injured from an accident. In addition, you are required to file a claim within one year of the incident / discovery of injury in order to qualify for workers’ compensation.

Third party lawsuits for negligence by someone other than your employer have a deadline of 2 years, which is longer than the time limit for a WC claim. This is why you should file a claim for workers’ comp right away. Our legal team can help you with any part of the claims process, and if you are eligible, file a separate claim for damages from a personal injury lawsuit.

Someone is always available to assist you at our office, so don’t hesitate to call if you need advice and guidance from a work accident injury attorney. All clients receive the Zero Fee Guarantee from the moment they contact us. That means legal services are paid for at the end of your case, and only if we succeed in recovering your payment. Otherwise, you walk away without spending a penny in legal fees.

We look forward to meeting you and fighting for the compensation you deserve. Contact our office and schedule a time to learn about your rights and legal options.

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