What Rights Do You Have If Injured During a Company Event in Minnesota?

If you have been taking part in a company event for your Minnesota employer and were injured in the process, there is a good chance that you can bring a worker’s compensation claim. There are some restrictions, and the best thing to do is to talk to a worker’s compensation lawyer in Minneapolis as soon as possible to find out more about your rights and what you should do next.

What Rights Do You Have If Injured During a Company Event in Minnesota?

The Right to Make a Claim

Whatever the event was, whether it was a team building exercise, a party, or a holiday event, you may have the right to make a claim for worker’s compensation. The question here is whether the event was “within the course of employment” and also whether it was required. For something to be “within the course of employment,” it would usually need to happen on the workplace premises during a recreational period or break time, such as at lunch; or, you must’ve been required to participate by your employer (and this requirement can be directly stated or implied); or, it must have been an activity that was made part of your work duties; or, your employer must have gotten some kind of direct, substantial benefit from the activity. This last is the trickiest. Some employers require these activities to do some vague and intangible things, such as improve employee morale. But that is not enough: the activity must’ve been directly to the employer’s benefit.

When You Can’t Bring a Claim

You might not be able to bring a claim if the accident could be said to be entirely your fault. For example, if you drank too much and were injured solely because you were drunk, then you might not be able to bring a claim. The same might be the true if you were engaging in “horse play” rather than a required activity for the event. If you deliberately broke the safety rules of the location, you would likely not be able to bring a claim. It’s also important to remember that if you’re attending an informal event that your coworkers got together, that is likely not an official work event and will not be considered a work injury.

The Right to Medical Help

As with any work injury, if you have been injured at an event of the type described in the first section, you have the right to get medical help. You have the right to see your own doctor, and you have 60 days to do so. You don’t need permission from your employer to set up a consultation with your doctor. If your employer has a certified managed care plan, then you might have to pick a doctor from the network of that care plan. However, it’s usually best not to let your employer pick your specific doctor. You want someone neutral.

The Right to Report Your Injury

As soon as possible after the accident, you should report the injury to your employer. Even if the injury took place in an obvious situation, don’t assume that your employer has actually taken the next steps. You need to inform your employer officially and ask them to file a First Report of Injury so you can start the process of claiming worker’s compensation. If your employer hasn’t filed this for you, talk to your lawyer about filing it for yourself. You have the right to report the injury to worker’s compensation whether your employer wants to or not.

The Right to Receive Benefits

The precise benefits that you’re entitled to will depend on the nature of your injury and how long you can’t work. All of your reasonable medical bills should be covered. You should also be provided coverage for medications that you need, chiropractic and physical therapy sessions, and anything else medically necessary for you to recover. You should also be given wage benefits. If you miss work just temporarily, you’re entitled to 2/3 of your regular wages for up to 130 weeks. This kicks in after three days of missed work, but you can’t ever recover more here than 102% of the state’s average weekly wage. If you were able to go back to work but couldn’t work your old job and had to be given a lower-paying job temporarily, you are entitled to get 2/3 of the difference between your old wage and your new wage for up to 225 weeks. If your injury is permanent, you are entitled to 2/3 of your weekly salary, which must be at least 65% of the state average weekly wage, until age 67. If you receive any Social Security disability benefits, worker’s comp benefits will be reduced by that amount.

The Right to Get Help to Go Back to Work

If you want to go back to work but need help in doing so, worker’s compensation entitles you to help from your employer. If your doctor has set down some restrictions on what you’re allowed to do, your company must try its best to find a job for you that fits those restrictions and pays as close to your old wage as possible. You might also have the right to get re-training if you won’t be able to go back to your old job at all. In other cases, you may be able to get vocational rehabilitation services to help you get back physically to a place where you can return to work.

The Right to Protect Your Family

This is not a right a worker exercises for themselves, but it does give workers peace of mind. If your loved one were to be killed by an accident on the job or at a company event that qualifies for worker’s compensation, if you’re a dependent, you have the right to claim lost wages, the expenses required to cover medical bills between the accident and the time of person’s death, burial expenses, and other benefits. At a minimum, you must be given $60,000 in death benefits for a valid claim.

The Right to Contact a Worker’s Compensation Lawyer in Minneapolis

You always have the right to contact a worker’s compensation lawyer, and you should exercise this right. You should do this even if you’re injured during the normal course of your employment; but it’s even more important if you’ve been injured at a company event. Because events are a bit less straightforward than regular work, you might find it more difficult to claim all the damages you’re entitled to. You might find your employer balking at making a report of your injury or trying to claim that a required work event was something that you attended voluntarily.A lawyer knows all of Minnesota’s worker’s compensation laws and will be able to protect you while keeping you apprised of all your rights and fighting to defend them. Your lawyer can make sure that all the (somewhat onerous) paperwork is filled out correctly and on time and filed with the right entity. An attorney can also put some pressure on your employer and help you answer any objections from the insurance company.If you’ve been injured at a work related event, you do have rights. We can help you defend all of them. Contact us today at the Atkinson Gerber Law Office in Minneapolis or St. Paul, MN.