Workers are entitled to workers' compensation payments when they are injured at an employer sponsored social function
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In recent decisions , the Supreme Court of Montana has ruled in favor of two employees on the issue of whether their injuries from an accident which occurred off premises on a break and at an employer sponsored social or recreational of function were within the course and scope of employment and therefore payable.
The court says that the employees are due benefits for the personal injuries they received while on break and at a company party.
In one of the cases, a woman received injuries in a vehicular crash during a break she was taking to care for her dog. In the other, a man was awarded benefits for injuries he received on a personal watercraft during a company picnic.
The Supreme Court unanimously agreed with the ruling of a lower court that the injuries Maril BeVan received from a car crash on May 2005 occurred during the scope of her employment with Blackfoot Telephone Communications in Missoula, Montana.
Liberty Northwest Insurance Co. made the argument that the injuries came while she was on a personal errand and shouldn't be covered. However, the court ruled that the company had enough control and authority over her breaks that it should be considered time at work.
Late in December, the Supreme Court ruled in favor of Curtis Michalak, who was injured on a personal watercraft provided his employer, Felco Industries of Missoula, during a company picnic in July of 2005.
Michalak suffered injuries including fractured vertebrae that caused him to be unable to return to work. A lower court agreed he should receive benefits for the injuries he received.
Liberty Northwest also fought this claim and argued the accident didn't take place during the scope of employment. They also said he abandoned his employment by operating the craft recklessly.
It was found by the Workers' Compensation Court that he had been placed in charge of the rented craft by his employer and injured "during the performance of his duties." The Supreme Court agreed unanimously.
The ruling on these issues are sometimes difficult to predict.
North Carolina appellate courts have ruled both ways on the issue of whether an injury which occurred at an employer sponsored recreational or social function is payable. The cases usually turn on whether the employee's attendance at the function was mandatory.
For more information on this subject, please refer to our section on Workers Compensation and Workplace Injuries.