When many Ohio residents think of workplace accidents, they may think of the usual suspects: falls, trips, slips and injuries caused by machinery. Not many would think that an injury suffered in a kickball game would be eligible for workers' compensation benefits, but they would be wrong. A court has allowed a man to receive benefits after his participation in an office kickball game caused a broken leg, surgeries and a possible knee replacement.
The man was asked by his boss to organize a kickball game for the office. As part of his duties, he bought T-shirts for the employees and rented a facility. He attended the game and played. While he was trying to avoid being tagged, two bones in his leg shattered.
He filed a claim for workers' compensation and was initially denied. However, the man convinced the court that his attendance was required because he had organized the event. In addition, his boss testified and said he would have expected the man to be present at the kickball game. Due to his involvement, the game became part of the employee's responsibilities. Therefore, the Supreme Court ruled in the man's favor, allowing him to receive benefits. He will find out how much he will receive at a future hearing.
Those injured on the job may be able to receive workers' compensation benefits for financial obligations such as lost wages, medical expenses and other damages. However, as seen here, there are sometimes gray areas when it comes to determining eligibility. Even when an injury occurs outside of the traditional workplace, it is still possible to prevail.
Source: ABC News, "State Court: Workers' Comp OK for Kickball Injury," Meg Kinnard, Aug. 27, 2014
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