As we head into the holiday season, we all find ourselves busy with work-related parties, events, and get- togethers of many different types. From time to time, businesses host employee parties or other offsite events to keep employees engaged, foster team building, and improve morale. However, whether an employer is hosting a holiday party, a company softball league, or even an employee fitness challenge, the employer may face risks in terms of workers’ compensation liability if an employee sustains an injury while participating in an employer-sponsored recreational or fitness activity.
Generally, a work-related injury is compensable under the Ohio workers’ compensation system if the injury is sustained in the course of and arising out of the employee’s job duties. However, compensable workplace injuries don’t just occur within the confines of the employer’s place of business. In some circumstances, employees can also have valid workers’ compensation claims if they sustain injuries while traveling for their job, while attending off-site meetings, or even while attending a work-related social event.
Fortunately, the Ohio Bureau of Workers’ Compensation offers Ohio employers the opportunity to reduce the risk associated with workers’ compensation claims stemming from work-related recreational or fitness activities. Ohio employers can proactively request that employees who participate in these types of events sign a Waiver of Workers' Compensation Benefits for an Employer-Sponsored Recreation or Fitness Activity prior to participation. If an employee signs a recreational activity waiver prior to participating in an event, an injury or disability incurred during voluntary participation in the employer sponsored recreation or fitness activity will likely not be compensable.
Per the Ohio Administrative Code section 4121-3-31, “an employee who voluntarily participates in an employer’s sponsored recreation or fitness program or activity may waive and relinquish all rights to workers’ compensation benefits.” This waiver applies to any injury or disability which is incurred while the employee is participating in an employer’s sponsored recreation, fitness program, or activity. Once an employee executes a waiver of this nature it is valid for two calendar years.
To be a valid waiver, the following requirements must be met:
- The employee must be voluntarily participating in an employer-sponsored recreation or fitness activity,
- The waiver must specifically list all of the employer-sponsored activities and fitness programs for which the employee wishes to waive workers’ compensation coverage,
- The employee must sign and date the form prior to the date of any injury or occupational disease claim,
- The employer must retain the original executed form and provide a copy to the employee, and
- The employer should submit a copy to the BWC if a claim is filed relative to an injury or occupational disease sustained at an employer-sponsored event and the employer wishes to contest the claim.
As always, the Ohio workers’ compensation system is never black and white, and many workplace injuries occur within the grey areas of coverage. Employers should be cautious that even with a recreational activity waiver in place, some workplace injuries could still be compensable in certain situations, such as if the recreational activity was required or if clients or customers are present. For more information about recreational activities wavers and your workers’ compensation program, feel free to contact Bricker Graydon.
