2nd injury for employee

MarilynR

I have an employee that was just injured (looks like a broken shoulder)while playing football on his lunch hour at a small community park near our office. Several co-workers, as well as his manager, were playing with him. This employee had a WC claim in January (dropped a 70lb steering gear on his leg)and he has refused to settle with our insurance company. We have calls out to our health insurance agent and our WC agent, but right now my concern is potential liability - since his manager was also involved in the football game. (Man - I hate that sport!) I do need to add that we do not pay for lunch hours. ANY advice or thoughts would be appreciated.

Gar

It seems to me that whom the employee may have played football with doesn't mean anything. Since the accident didn't occurr on company time or premises, your employer is in the clear.

Down_the_Middle

Gar's right and if you can confirm that the employee was not directed by management to play, nor lead to believe that he was strongly encouraged to play, it's his own injury. I don't see any work-relatedness involved.

Elizabeth

I agree with the other two posts, but I would add that you may be in trouble if the playes were part of a company sponsored team or were practicing for a company-sponsored event. Also, be sure the employee was on an UNPAID lunch. If you meet criteria that has been mentioned, I think your denial will be successful.