Are Injuries at Work Holiday Parties Compensable?
- Fiffik Law Group, PC
- 1 hour ago
- 5 min read
Article Summary:
Holiday party injuries may be covered by workers’ compensation if the event is work-related. Key factors:
Attendance required or encouraged
Employer paid for/controlled the party
Business activities or client interactions occurred
Injury caused by employer-controlled conditions
Travel to/from the party or injuries from severe intoxication are usually not covered. Report injuries immediately, document evidence, and seek medical care to protect your claim.
The company holiday party is a fun break, but if you get hurt, can you file a workers' compensation claim?
The quick answer is: Maybe.
Workers' compensation covers injuries that happen "on the job." Because a holiday party isn't typical “work”, the law checks if the party was close enough to your job duties.
4 Simple Questions to Ask
Courts look at the specifics of the party to decide if your injury is covered. The more answers that you can answer with “yes”, the better your case.
Was Attendance Required (or strongly suggested)?
Yes: Did your boss or company expect you to attend? Did they make attendance mandatory?
No: Was it completely voluntary?
Who Paid and Controlled the Party?
Yes: Did the employer pay for everything (venue, food, drinks) and set the rules?
No: Did the employees chip in, organize, and host it away from the office?
Did the Party have Business-Related Elements?
Yes: Did the employer conduct business (e.g. year in review, awards), give speeches, or host clients at the party?
No: Was the party strictly for social fun? (Note: Boosting morale is usually not enough.)
How Did the Injury Happen?
Did you get hurt because of something controlled by the employer (e.g., slipping on a broken step at the venue)?
Was the injury caused by your own decision (e.g., getting into a physical fight)?
Simplified Rule: If the employer directed, paid for, and benefited from the party, your injury is more likely covered.
What About Travel and Alcohol?
Two things often make these claims complicated.
1. Traveling to the Party
Generally, an injury that occurs during your drive to or from the work party is not covered. But if the employer provided transportation (like a hired bus or cab vouchers), an injury during that trip might be covered. If you got a ride in your supervisor’s car, that might be enough.
2. Too Much Alcohol
Workers' compensation can be denied if your injury was caused only by your severe intoxication. If you slip on a spilled drink, that may still be covered. If you fall down the stairs because you were severely impaired, it likely won't be.
So, What do You do if You Get Injured?
Your 5-Step Emergency "Action Plan"
Think of this as your serious, post-party to-do list. Skip a step, and your claim could end up on the naughty list.
Tell Someone, Immediately.
Who? Your direct boss, a manager, or HR.
When? Right now. As in, before the DJ plays another song.
How? A written email or text is best. Say simply that you were injured at the party, state the time and place, and what happened.
The Serious Scoop: This is mandatory for any Workers' Comp claim. Don't wait until Monday morning; you need to officially report the injury as soon as possible to put your employer on notice. Unless you give notice to the employer within 21 days of the injury, no compensation is due until notice is given. Notice must be given no later than 120 days after the injury for compensation to be allowed. If your request for benefits is denied by your employer or your employer’s insurance carrier, you have three years from the date of injury to file a Claim Petition.
Become a Super Sleuth.
Document Everything. Use your phone camera (and if your injury prevents this, ask a co-worker to do it for you). Take photos of:
The hazard (e.g., the slippery floor, the broken chair, the rogue decoration).
The location where the injury happened.
Your visible injury (if any).
Get Witness Names. Find the coworkers (and non-coworkers, like caterers) who saw your fall/injury. Get their full name, phone number, and/or email.
The Serious Scoop: Your memory fades, and evidence gets cleaned up. You need proof to back up your story.
See a Doctor (Even If You Feel Fine).
Your Body is Priority #1. Get medical care. Go to the Emergency Room, Urgent Care, or your primary doctor.
Be Specific. Tell the medical staff exactly that the injury happened at your work-sponsored holiday party. This links your injury to a work event for the medical record, which is crucial.
The Serious Scoop: If you don't have medical documentation, the insurance company will argue you weren't actually hurt.
Take Notes on the Party's Vibe.
Your claim is stronger if the party was more "work" than "play." Write down if:
Attendance was required (or strongly, strongly encouraged).
You were getting paid to be there (e.g., during work hours).
Clients/customers were present and you were expected to network.
Awards or speeches for the company were given.
The Serious Scoop: These details help prove the party was an "extension of the workplace," which is the golden ticket for coverage.
That Sums Up What You Should Do... But What Should You NOT Do?
While the list above tells you what steps to take, this section is arguably more important. These actions are like throwing a lump of coal directly into the fire of your own workers' compensation claim.
DON'T Wait to Report It
Delay is deadly. If you wait until the New Year to tell HR about your injury, the insurance company will argue that something else happened in between, or that your injury wasn't serious. Report the injury immediately.
DON'T Minimize Your Pain
Even if you feel embarrassed about the injury (e.g., you were juggling fruit), do not tell the doctor, your boss, or anyone else that you are "fine" or "mostly okay." Be honest about your pain and limitations.
DON'T Lie About Alcohol or Substances
While intoxication can sometimes bar a claim, lying about it will always ruin your credibility. Stick strictly to the facts of how the injury occurred and let your attorney handle the legal fallout of the surrounding circumstances.
DON'T Post About It On Social Media
Do not, under any circumstances, post pictures, comments, or rants about the party or your injury online. Insurance adjusters are cyber-sleuths and will use a photo of you smiling (even through the pain) to argue you aren't really hurt. Go dark.
DON'T Use Your Private Health Insurance
When you go to the doctor, make sure they bill your employer's Workers' Compensation insurer (if possible). Using your personal health insurance can create massive billing complications and signal to the Workers' Comp insurer that your claim is not legitimate.
What if Your Worker’s Compensation Claim is Denied?
Don't panic if your Workers' Comp claim was denied; this denial may only mean the insurer thinks your injury wasn't "work-related.” You may still be able to file a Personal Injury claim, where we argue your employer was negligent (careless) and can potentially seek better damages, including pain and suffering
Need help with your Claim? Holiday party claims are usually because insurance companies often say they are "not work-related." If that’s the response you get, don’t give up. If you were injured, you don't have to figure this out alone. Our firm represents injured workers all over Pennsylvania and can quickly review the facts of your injury. Contact Fiffik Law Group today to schedule a consultation.