If I got hurt playing on a company sponsored softball team, is there a way I can have them cover my medical bills and time off?

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If I got hurt playing on a company sponsored softball team, is there a way I can have them cover my medical bills and time off?

I fell and separated my right should while playing on a company sponsored softball team.The doctor released me back to work but under the restriction of using one arm. Work told me I had to fill a FMLA and can only come back once I have full medical clearance. I was wondering if I am able to make my job pay me for the time off since I got hurt while doing a company sponsored event?

Asked on August 17, 2011 Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is *very* unlikely, unfortunately, you can hold the company responsible for a leisure event, even if it was "company sponsored."

IF the ball game is actually part of your job--i.e. you are required to play softball--it's *possible* you may  have a worker's compensation claim. However, if it's not a required part of your job, then even if its sponsored by your employer, your injury there is not work related and worker's compensation would not be available.

If you can't recover on the basis of worker's compensation, you could only recover compensation if you can show that the company or  other employees were at fault in some way. However, from what you write--you fell--it's difficult to see company fault in what happened.

Also, when someone chooses to play a sport, they assume or accept the ordinary risks associated with that activity and usually can't recover for them. Fallling and getting an injury is an ordinary risk with playing softball.

In short, it is doubtful that you can compel the company to pay for your non-working time caused by this injury.


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