Waiver for Non-work Activities

scottofstead

We have quite a few employees who gather together for outside activities -- there's a bowling group, a hiking club, a softball team, a bicycling club, etc. None of these activities are sponsored other otherwise supported by the company, but I'm concerned that if someone is injured during one of the activities they could claim it was work-related and try to hold the company liable through work comp or who knows what else. So, I drafted a waiver of liability document that I wanted to have each person sign when they're participating in one of these groups. My COO disagrees with me and says that unless we're offering official support of some nature, we're automatically free of liability and to ask them to sign the waiver is infringing on their personal lives. She wants to know if there is a legal basis for my concern, or if it's just me being paranoid. Any thoughts from the group??? Thanks!

davids

If the company has not in any way sanctioned the activity, you shouldn't be concerned. Employees socialize away from work all the time. If a group of employees decide to go out to lunch or dinner and have an accident, it would be a stretch to make it a workers' comp. claim unless it was a work activity.

My concern would be that a supervisor has somehow tacitly sanctioned the activity by encouraging employees to socialize outside of work for team-building; or makes note of an employee's participation in a performance evaluation. As long as this is not happening, I would not have employees sign a waiver.

Lastly, waiver or not, if an attorney makes a case that the activity was a work-related activity, it will be a workers' comp. claim.

scottofstead

Good thoughts -- thanks, David!

stilldazed

If your organization is providing the meeting/practice places and any equipment to make the meeting/practices occur, w/c might be the least of your worries. Liability insurance should be a consideration as well. Further, if you happen to find that there is any implicit or explicit coercion by your management staff to encourage employees to participate, your D&O insurance could become a target.

If there are clear delineations between work and play and all of your staff understands your company's position, the risk of exposure will be minimized.