Does Workers’ Compensation Cover Injuries Sustained During Workplace Recreation?

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A recent case here in Delaware is addressing whether employer’s benefits should extend outside the workplace into work-sponsored leisure activities. While the issue may seem straightforward, legally it presents challenges to concepts of liability, employment law, and the intangible benefits companies may derive from sponsored events—and drives at the heart of whether workers’ compensation cases should be assessed more globally or more restrictively.

Softball games lead to a lot of injuries

In 2004, Delaware State Trooper Master CPL Charles Dalton of Troop 2 sustained a serious wrist injury during a charity softball game against Newark County Police Department. Trooper Dalton was climbing a fence to retrieve a ball when he fell, requiring surgery to repair the injury. One crucial piece of evidence lay in Trooper Dalton’s testimony that he felt obligated to play to represent the State Police. Another vital fact was that the State Police derived substantial benefit from community events and, further, that in order to advance within the State Police, volunteer participation was required, although no specific events were mandated. The court ultimately found that Trooper Dalton should be compensated for his injuries under worker’s compensation law, as he was intending to further the business of the State Police via his participation in the game.

Softball game, or promotional event?

While volunteer work and social outreach is a clear aspect of police work, the same is less clearly true for law firms. The current case focuses on William Weller, an employee of a local legal firm, who sustained a tear of his Achilles tendon while participating in the law firm’s softball game against other local legal associates. This injury required surgery and nearly three months of recuperation. Weller’s medical insurance covered his medical bills but, without the benefits of worker’s compensation, Weller may have been hard-pressed to pay his daily bills while he was out of work.

While the softball game does represent local outreach, does it qualify as the same level of social promotion and furthering of the business interests of the firm? Two prior softball-related injuries sustained by others had been covered by workers’ compensation. In April of 2016, a court found in favor of Weller.

But, upon appeal by the firm’s new insurance carrier, a Superior Court judge thinks otherwise. In fact, Judge Ferris W. Wharton feels that the previous case was also decided based on incorrect legal precedent. On March 16th, 2017, Judge Wharton ruled to reverse the previous judgment, setting a potentially dangerous precedent for employees who suffer injuries during work-sponsored or otherwise promotional events and activities.

Our experienced Delaware workers’ compensation attorneys at Silverman, McDonald & Friedman are here to assist you with your claim. Contact us by calling 302-888-2900 or filling out our contact form to schedule a free consultation with a knowledgeable workers’ comp attorney in Wilmington, Newark or Seaford today.