Good Sports
Who's liable for injuries to a company athletic team?
Sponsoring employee athletic teams builds camaraderie, name
recognition and company pride. It can also lead to injuries,
workers' compensation claims and even lawsuits over
liability.
Consider a Missouri case decided last November. A St. Louis
restaurant chain sponsored a series of athletic competitions among
the chain's locations. During a basketball game, one employee
banged his knee against a wall and needed surgery. His workers'
compensation claim was initially denied, but the Missouri Labor and
Industrial Relations Commission eventually ruled in favor of the
employee.
The question in cases like this is whether playing the game was
essentially part of the job. Are employees required or strongly
urged to play? Did the company provide alcohol, which may impair
judgment and increase the likelihood of injury?
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In the Missouri case, the appeals board ruled that the employee
was not engaged in a voluntary activity. He felt obligated to play
to please his boss. Further, the game served a business purpose for
the employer in the chance to publicize awarding the trophy.
If you want to sponsor a team, avoid holding events on company
premises or on company time. Ensure employees know participation is
voluntary and they're playing at their own risk. Don't
serve alcohol. And don't let employees think they're being
paid to play.
Jane Easter Bahls is a writer in Rock Island, Illinois,
specializing in business and legal topics.