Watch out: Wellness programs may trigger workers’ comp claims
November 11, 2009 by Christian SchappelPosted in: Employment law, Health care, In this week's e-newsletter - benefits, Latest News & Views, Pay and benefits
Can an off-duty employee who’s injured while participating in an exercise class at his work site be entitled to workers’ compensation?
Yes — if the employer sponsors the activity, said a New York appellate court in a recent workers’ comp case.
What happened
Frank Torre worked for Logic Technology, a company that performed on-site contracting work for General Electric.
Torre suffered a spinal cord injury while participating in an exercise class at the General Electric fitness center during work hours. He claimed workers’ comp should pay for it.
The court agreed. Although it found that Torre’s employer didn’t require him to participate or compensate him for taking the class, it did pay a portion of his membership fee.
Also, Torre’s job required him to develop contacts with current and prospective clients. And Logic Technology’s president stated that participating in the class would help him develop those contacts.
Result: The court ruled that his injury arose out of, and in the course of, his employment.
What the law says
New York follows this general rule: Employees cannot collect workers’ comp benefits for injuries that result from their “voluntary participation in an off-duty athletic activity not constituting part of the employee’s work-related duties.”
However, there are exceptions to this rule — like if the employer sponsors the activity or requires workers to participate in it.
While this particular ruling only applies in New York, it’s something other employers should keep in mind when designing wellness programs.
Cite: Torre v. Logic Technology.
Tags: Appellate court, General Electric, Logic Technology, New York, Torre, workers comp, workers compensation
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