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Picnic W/C Liability

FTFT 12 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
The Topic article on the HR Hero homepage gave me pause. Is anyone out there familiar with New Mexico work comp laws? I called the work comp office here in Albuquerque but am not at all confident in the answer I received by one of the work comp administration employees ("I am almost certain...."). My question is: If we sponsor a picnic on a Saturday (not a workday) and an employee sprains his/her ankle playing softball, is this a work comp injury?
Any help will be appreciated. Many thanks.
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  • ParabeagleParabeagle 3,085 Posts
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    I have discussed this with our workers' comp carrier (in Oregon) pretty extensively and their position is that under the circumstances the injury could be compensable IF attendance at the function was mandatory or "highly suggested" and those in management seemed to be paying attention as to who showed up and who didn't. If, on the other hand, the function was purely voluntary and employees were not penalized in any way for not attending, they might view the claim differently. But then again, that's here in Oregon. Different states and different carriers have differing criteria. Good luck. Hope this helps a little.
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  • SystemSystem 5,885 Posts
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    My state is in agreement with Beagle's. If the activity is not a job function, is not directly work-related, is not a company sponsored REQUIRED activity and is voluntarily participated in for the enjoyment or enrichment of the employee, it is not a workers comp injury in this state.
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  • KenWKenW 1 Post
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    Our attorneys advise us to include specific language on the flyers announcing the company/department activity that clearly indicates the voluntary nature of the event. This will supposedly avoid the claim. I'm currently in the throes of developing the language...does anyone have a statement already prepared?



    >My state is in agreement with Beagle's. If the activity is not a job
    >function, is not directly work-related, is not a company sponsored
    >REQUIRED activity and is voluntarily participated in for the enjoyment
    >or enrichment of the employee, it is not a workers comp injury in this
    >state.



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