Theodore Cornblatt, a workers' compensation attorney in
Baltimore, notes that the location of the game is important.
"If the game is held on the employer's premises, such as a
pick-up game during a coffee break, it's probably covered [by
workers' comp,]" he says. In particular, if the employer
knows that games have been taking place on the premises and
hasn't objected, the injuries are typically covered.
Another critical factor concerns whether the employee was
compensated for playing or directed to play by the employer. In
Illinois, for instance, the workers' compensation statute
specifically exempts volunteer recreation programs--unless the
employer assigns or orders the employee to participate. "If a
company doesn't want to be responsible under workers'
compensation law, [it shouldn't] direct employees to go to
company outings," says Chicago workers' compensation
attorney Thomas Lichten.
In one such instance, a temporary employee in Oklahoma was
assigned to a publishing company, where she worked for nine months.
Her supervisors encouraged her to participate in the annual
"Corporate Challenge," an athletic competition among
local companies. A higher-ranking employee recruited her to play on
the women's basketball team, and a co-worker signed her up for
the tug-of-war. Rather than jeopardize her placement with the
company, she agreed to participate. When her knee was injured in
the tug-of-war game, she applied for workers' comp--and got it.
Both the trial court and the Oklahoma Court of Appeals noted that
the employer had induced her to participate.
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