With the Holiday season rapidly approaching, it also means numerous Holiday parties, and that includes, Holiday parties through our place of employment. Â Ultimately, you may hear of an employee getting injured while at a company Holiday party. Â If an employee is injured at a company Holiday party, are they entitled to workers compensation benefits in Pennsylvania?
The answer to that question is — it depends. Â These cases are often very fact sensitive and case law has identified factors to be considered in whether a work injury at a company party is compensable under the Act.
Under Pinn v. W.C.A.B., the Commonwealth Court identified three factors that could make a holiday party injury compensable. Â Those factors are:
- Whether the Employer encouraged or made attendance mandatory;
- Whether the event further a special interest of the Employer, such as good will, morale, good relations, etc…;
- Whether the event helped maintain or improve skills of the employee
Likely, the first two factors would be those that would be at issue in a Holiday party injury. Â They are very fact sensitive.
Essentially, the first factor involves attendance at the event and whether the employer requires attendance. Â However, it is important to note, just because attendance wasn’t mandatory, that does not mean this factor can’t bet met. Â There are also facts that could lead to a determination of whether the employer ‘encouraged’ attendance. Â Again, these can be very fact sensitive cases, and just because one employee received workers compensation benefits when injured at a holiday event, doesn’t mean you will. Â All cases are different and facts, no matter how slight, can change the outcome.
The second element may revolve around whether the employer meant the party to be a morale boost, foster good relationships with employees, etc . . . Again, this is very fact sensitive and the burden is on the employee to demonstrate that fact.
There are also other factors that can be complicated factors, such as alcohol. Â These cases are rare, but they do occur. Â One thing is clear, if you, a relative, or a friend were injured while at company sponsored Holiday party, call Mooney & Associates right away to evaluate whether entitlement to workers compensation benefits exists. Â The consultations are always FREE and we can meet with you in anyone of our twelve convenient south central Pennsylvania offices. Â Call us today at 1-877-632-4656 to speak with an Attorney or arrange for a FREE consultation.