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Law Offices of Jeremy K. Lusk, Inc.

Is it workers' comp if I got hurt at the company Christmas party?

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In general, if you are injured while voluntarily participating in recreational or social activities that are not related to your work duties or held at your place of employment, even if they involve your employer or co-workers, you would not be covered. There is an exception, however.  Where these activities are a reasonable expectancy of, or are expressly or impliedly required by the employment, you would probably be covered.

For example, if your employer had his company party at his house and he did not make it mandatory for you to attend; in other words, you were free to go or not go; your injury would probably not be covered. However, if your employer typically discusses business at the Christmas Party and he expects all employees to attend, then attendance at the party would be a reasonable expectancy of your employment. In that case, your injury would probably be covered. Even if your employer does not discuss business at the party or expressly requests that all employees attend; if it is reasonably understood by the employees that they are expected to attend or their employment may be jeopardized, you would probably be covered.

Keep in mind, however, that there are a number of variables that come into play, and each situation is unique.


If you have questions about your workers' compensation case and want to talk to an attorney in Fresno, call 559-408-7436 or fill out the form to the right.