In the Good Ole Summertime
Now that the weather is warmer, outdoor activities are on the rise. Many employers schedule outdoor after-hours activities to boost morale, or sponsor athletic teams as part of their community service offerings. But many employers may not know that an injury sustained at an employer sponsored event could give rise to a workers’ compensation claim. Whether it is compensable will depend upon the level of involvement by the employer.
If the employer hosts a work picnic and all employees are expected to attend, then there is an increased chance that any injury an employee may sustain would be a compensable injury by accident under the Virginia Workers’ Compensation Act. Many employers can limit this risk by decreasing activities at these events that may lead to injuries. Eliminating alcohol from work sponsored events may also decrease an employer’s risk.
If, however, the employer sponsors an athletic team, an employer’s options to limit the risks may be hindered. Athletic events, by their very nature, carry with them an increased risk of injury. Twisted knees, bumps, bruises, heat related medical conditions, even bee stings can be compensable injuries under Virginia Law.
Limiting sponsorship can help lower an employer’s possible liability. For example, making a contribution to a team that is a mix of employees and non-employees carries a lower risk than sponsoring a team made up solely of employees.
So the message to employers is, schedule your outdoor events, but do so wisely.
Jeffrey A. Saunders is a partner in the Richmond Office of Taylor and Walker and practices primarily in the area of Workers’ Compensation. He may be reached at 804-673-0341.
