Recreational and Social Activities

Recreational and Social Activities within the Course of Employment

An employee is not limited to receiving workers' compensation benefits for an injury incurred only while he was performing his specified job duties. In most jurisdictions, he is still eligible for benefits if the injury occurred during a recreational or social activity as long as the activity took place on the employer's premises and during an established lunch or recreation break. The injury may also be considered as within the course of employment if participation in the activity was required by the employer or if the employer would directly benefit from the employee's participation.

When an employer sponsors a recreational or social activity, as opposed to explicitly requiring the participation of employees, the question of compensation for an injury is more difficult to answer. Generally, the answer comes on the strength of facts ascertaining whether the employer encouraged employees to attend or whether it was generally understood that participation was mandatory. Courts will look to facts indicating whether attendance at the event was really voluntary, whether employees were paid for their time at the activity, whether the employer made note of those who attended, whether participation in the event operated in lieu of a normal work day, and the like.

Several states have enacted statutes specifically dealing with injuries from recreational or social activities. Some jurisdictions explicitly limit the recovery of compensation to those activities for which the employee is paid to participate. Others declare compensation recoverable if participation was specifically directed by the employer. At least one jurisdiction takes a factual approach, requiring evidence that participation in the activity was reasonably expected or expressly or impliedly required.