Lawsuit for Injuries at a Workplace Holiday Party

With winter just around the corner, most of us look forward to the holiday season where we can spend time with those we love and care about. We certainly think of friends and family during this time, but what about our coworkers, with whom we spend much of our day? Many people get excited for an office holiday party, whether it’s a formal event at a hotel or a casual dinner and that’s organized by the workers.

Unfortunately, what’s supposed to be a festive gathering can result in an accident where someone is injured. If the incident occurred while you engaged in a work-related task, filing a workers’ compensation claim is the natural course of action. But what about cuts, burns, broken bones, torn ligaments, joint dislocation, and other injuries that happen at a company holiday party? In essence, is this a worker’s compensation case, or do you need to file a lawsuit?

The lawyers of Kenmore are here to help, so reach out to us if you were got hurt at a workplace holiday party. We can provide you with a free case evaluation, where you can learn about your rights and legal options.

Does Workers’ Compensation Cover Injuries at a Holiday Party?

It’s possible that you can file a WC claim for monetary benefits if you were hurt at a company holiday function. Certainly, there are benefits to the workers’ compensation system, like not having to prove that another party caused the injury via negligence or misconduct. As long as the injury occurred within the scope of employment, you are eligible for these benefits. However, how can you prove that you were acting in your employer’s interest when you at a holiday party?

Obviously, enjoying drinks, food, and the Secret Santa gift exchange is different than putting in a normal day of work. But there are situations where a holiday party may be considered a work-related event. For example, was the party sponsored by your employer? Was attendance at the event mandatory, or was it implied that you are expected to attend? If so, the party falls along the lines of a company sponsored event, and not just a social gathering where attendance is clearly voluntary.

The nature of the event matters as well, meaning we have to ask ourselves, “Was this an event that was paid for by the company, with invitations that were sent out to all the employees?” Such details may meet the parameters of a work-related function, and in that case, any injuries incurred during the event may qualify for a worker’s compensation claim.

The Cause of the Accident

How you were injured is another element that plays a role in the type of compensation you are owed for being injured during a holiday party at work. A common example is work parties where employees help out with tasks like putting up decorations and setting up buffet tables. You finish hanging up a banner and come down from the ladder so that you can examine your work. But someone left behind some tinsel on the floor right next to the ladder. You step on the tinsel and slip on the floor, which results in a cuts, bruises, and a dislocated shoulder.

Here, you can argue that hanging up the decorations was in the employer’s interest as they were the ones that paid for the party and invited everyone to attend. So, you may have the right to seek payment by filing a WC claim with your company’s insurance provider.

The time and location of the party can also affect your right to seek workers’ compensation. As you are aware, many work parties take place at the company after an abbreviated work day. As the party was at the work site at a time you would normally be at work, it’s easier to make a case for workers’ compensation than if the party was off-site and outside of your normal work hours.

Liability of the Employer for an Office Holiday Party

For the most part, employers in California are required to provide workers’ compensation insurance to their employees. That means all work-related injuries (with very few exceptions) are covered under a WC policy that’s purchased through a private insurance company. Furthermore, negligence is not a factor in workplace accident claims, meaning no one has to be at fault for the employee’s injuries.

However, the concept of whether an injury is work-related or not is a challenging question to answer when the accident takes place at an office party. If, for example, the event is held at an off-site location outside of normal business hours, this would probably fall along the lines of a voluntary, social event. As such, you are unlikely to meet the standard for a worker’s comp claim if you are injured.

In this type of situation, you may have the option of filing an accident claim with the business / property owner. Perhaps you fell down the stairs at a holiday party because of a loose step. This is a dangerous condition on the property that the business owner failed to resolve, which give you the right to seek monetary damages like medical costs, pain and suffering, and value of lost wages.

Our legal experts will help you figure out the best legal strategy based on the circumstances in your accident. Call us right away and schedule case review if you had an accident at your company’s holiday party.

Filing a Work Holiday Party Accident – How Long Do I have?

A claim for workers’ compensation has two deadlines you need to keep in mind:

• 30 days to report the accident to your employer
• 1 year from the accident date to file an insurance claim.

On the other hand, if you need to file a personal injury claim (against a venue owner, party planning company, etc.), you must do so within 2 years of when you were injured. The deadline for a lawsuit can change, however, depending on details that are specific to your case. Thus, we recommend that you contact us and verify how long you have to sue for being injured at a company holiday party.

The Personal Injury Lawyers of Kenmore

Kenmore Law Group has a dedicated team of legal experts, who are ready to fight for you and the compensation you deserve. We know that the legal system is overwhelming, and incidents like company holiday parties present grey areas that leave you with more questions than answers. That’s why we invite you to contact us today and receive a free consultation on your holiday party at work injury case.

Legal fees are collected at the end of your case, and only if your settlement is recovered by our law firm. So, you pay nothing upfront, and you owe us $0 for the cost of legal services if we don’t win case. That’s our promise to you under the Zero Fee Guarantee, which we are happy to offer you from day one.

We look forward to restoring your health and finances if you were hurt in an accident at a workplace holiday party.