Workers' Comp - Is this considered a viable WC claim?

llafferty · July 2012

We have an employee who attended an off-site company-sponsored outing. During the course of this outing, another employee accidently elbowed her causing her glass to hit and chip her tooth. This is not covered under dental insurance and it is going to cost $3,000 for a veneer. Since the event wasn't mandatory and she wasn't "on the clock" or getting paid during this time, does anyone know if she could file a claim under WC?

Thanks,
Leslie

Dutch2 · July 2012

She can certaily file a WC claim but it may or may not be covered. What does your WC policy say about such non-work activities? Our policy states:
"Any claim for an injury or illness caused by an employee’s willful misconduct, alcohol or drug usage, or that occurs during the employee’s voluntary participation in any off-duty recreational, social, or athletic activity sponsored by employer, will not be compensable through Workers Compensation.

triciam · July 2012

You mentioned that it was a company-sponsored event, so I would say yes onn filing. However, the WC carrier will make the decision on the claim.

sonny · July 2012

I would turn it in and let them make the call which will hopefully be NO

Workers' Comp - Is this considered a viable WC claim?

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