Yep, You Can Actually Be Denied Workers’ Compensation For Injury At Employer’s Holiday Party

BY: Koszdin | Sunday, December 30, 2007.

Contrary to the popular belief, you can be denied workers’ compensation for getting injured at an employer’s holiday party. Find out which holiday party injuries are covered under workers’ compensation laws, and which aren’t!
Almost all companies in Van Nuys and elsewhere in Los Angeles throw holiday parties to celebrate a successful year, promote companionship among employees and raise their glasses to a productive new year.

But not all of the holiday parties go smooth. While the majority of holiday parties are a blur to employees who attend them due to excessive alcohol consumption, many ends in sexual harassment lawsuits from female workers, and others result in injuries.

While in the case of sexual harassment or abuse at holiday parties employees may be entitled to seek compensation and hold the employer liable for failing to provide a safe environment (under California laws, the venue of a holiday party can be considered a workplace), it’s not that simple with personal injuries at such events.

Today, we asked our best workers compensation attorneys in Van Nuys to spell out when injuries at holiday parties are covered under workers’ compensation laws, and when they aren’t.

Injuries at an employer’s holiday party aren’t compensatable if…

Fact: the most common personal injury claim arising from employers’ Christmas parties are caused by slip and fall accidents.

Let’s say you slip on the wet floor during a holiday party organized by your employer. If the slip and fall accident occurred in the workplace, you would most likely be entitled to obtain compensation for your injuries and damages. But what about holiday parties?

Under federal and state laws in Van Nuys and elsewhere in Los Angeles, you may pursue a personal injury claim in the workplace if the injury occurred while performing your duties at work or while performing acts incidental to employment.

Meaning: an employee can still hold his employer liable for his injuries at a holiday party. But not in 100% of the cases.

Whether or not the holiday party is something incidental to employment depends on how your employer treats the party, as explained by our experienced workers’ compensation lawyers at Koszdin, Fields & Sherry, one of the most respected personal injury law firms in Van Nuys.

If employees’ participation at the party isn’t required by the employer, then your injuries occurring during the holiday party will most likely not be covered by workers’ compensation. But…

You can still obtain workers’ compensation for injuries at holiday parties

If your employer treats the party as a way of compensating for their work or your participation is required, you can hold the employer accountable for your injuries at the party.

The employer’s behavior during the party may also help strengthen your case while pursuing a personal injury claim in the workplace. Depending on the circumstances of your particular injury, your participation at the holiday party may be considered an act of employment.

Also, if the employer or the company sponsored the holiday party, it may be considered part of the employment, too.

It’s essential to let skilled workers’ compensation attorneys examine your particular case and consult you about your best legal action to seek recovery for your injuries and damages.

In fact, emotional and mental injuries occurring during employers’ holiday parties may also be covered by workers’ compensation benefits. Consult our attorneys to find out whether or not you’re entitled to compensation in your particular case.

Call our Van Nuys offices at 818-812-5639 or  800-747-3447 or fill out this contact form to get a free initial consultation.


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