Workers compensation?

Question

I'm a software developer and on Friday, my company had a sort of employee appreciation day. They brought a basketball hoop in and I ended up falling and tearing up my right knee. I live about 50 miles from work and there is no way I will be able to make it there. I called my HR representative and she said that it is not considered worker compensation because I didn't get hurt in the act of work. I did get paid for the day and if I decided not to come into for the day, I would have to use a vacation day. Should I be eligible for workers compensation?

Answer 1

State laws vary in workers compensation.  Your employer is not the ultimate decision maker when it comes to the compensability of your injury.  They need to report it to the carrier and an adjuster will ultimately make that decision.  I dont know about PA law, but this particular activity would be viewed as voluntary and recreational and may not be covered under WC, even if it did happen in the workplace.  In what way is this injury within the course and scope of your employment?  Then again, it would be up to the adjuster handling your case to make that determination.

Ask your HR person who your carrier is for WC.

good luck

Answer 2

Understand, WC insurance is "like" your automobile insurance.  Claims may increase to the business costs to provide.  YOU also, like many in your profession, need to see if you are an actual company employee or subcontractor.  

It MUST be posted for ALL employees to see information for WC claims.  This will indicate YOUR WC provider with phone number to call.  Call them for the correct answer.

My guess, YOUR company brought in the "goal", therefore, have ALL responsibility.  I think YOU have a "good" claim.  An attorney would "eat" this up, costing your company more money.

Answer 3

In California, this would be eligible for workers compensation that's why in California you hardly ever see company gyms or hoops on the premises.

You should nonetheless consult the WC insurance carrier for your company.

Good luck.