Can I Collect Workers’ Comp for a Company Event Accident?

 Posted on April 08, 2025 in Workers' Compensation

Illinois workers’ compensation pays worker benefits when a worker is injured while at work. The fault for an accident or illness is unimportant in workers’ compensation situations; if you were at work when a work accident caused you injury, if a repetitive motion at work resulted in an injury, or if you developed an illness as a result of your workplace, you are entitled to workers’ compensation benefits.

Virtually all Illinois business owners are required to carry workers’ compensation insurance if they have at least one part-time or full-time employee. There are certain employees who are excluded from state law, including corporate officers, limited liability company members, business partners, and sole proprietors (independent contractors). Part-time employees are not covered under workers’ compensation rules, and agricultural workers have specific requirements.

What if you are at the Fourth of July company picnic when you break your arm playing softball, or you are at the annual company Christmas party when you fall down the stairs? Are you covered under workers’ compensation? You might be surprised at the answer to those questions. If you have suffered a work injury or illness and your company is denying your workers’ compensation, speaking to a knowledgeable Joliet, IL workers’ compensation attorney can help ensure you have a positive outcome.  

Does Workers’ Compensation Cover Work-Sponsored Parties, Picnics, and Sports Events?

It turns out the answer to this question in Illinois depends on whether your attendance at the event was mandatory or voluntary. Under Section 11 of the Workers’ Compensation Act, accidental injuries sustained while participating in "voluntary recreational programs," like athletic events, picnics, and parties, do not fall under the course of employment.

However, if you were at a mandatory company-sponsored event or one where you were assigned by your employer to participate, then any injuries you might sustain would be covered under workers’ compensation. This is a fuzzy line since many company-sponsored events are not, on the face of it, mandatory, yet your attendance is definitely expected.

For example, suppose everyone in your company knows you played college baseball. Of course, they want you on the company baseball team so they can take home the trophy at the end of the season. While your boss did not actually order you to pitch for the company team, it has certainly been strongly encouraged.

Some states do routinely cover company-sponsored events for workers’ compensation. Despite the relatively clear language of Section 11, numerous Illinois courts have been asked to interpret whether participation on a company team or attendance at a work-related event is considered voluntary, and in some cases they ruled for the employee.  

What the Illinois Courts Have Said

In a 1987 case, a law clerk was injured while playing on an employer-sponsored softball team. The clerk claimed his work duties included managing the team, as he was allowed to leave work early for practice (with no pay cut) and was provided company resources to manage the team. The courts found the law clerk’s participation in the softball team extended beyond "mere cooperation" and judged his injuries compensable under workers’ compensation.

In a 2003 case, an employee was injured while playing basketball at a company-sponsored event held on a normal workday. Employees were allowed to attend the picnic and be paid, take a vacation or personal day and be paid, or do neither and forego payment for the day.

The court found that by forcing employees to choose between giving up a benefit and attending the picnic, attendance was implicitly ordered and judged the injury compensable. Other cases were not judged compensable as participation was judged to be voluntary.

Contact a Will County, IL Workers’ Compensation Lawyer

If you were injured at a company-sponsored event and believe your attendance at the event was at least implicitly required, speak to a Joliet, IL workers’ compensation attorney from McNamara Phelan McSteen, LLC. Our firm is a mid-size, aggressive law firm with significant experience in workers’ compensation. We will protect your rights and help you receive maximum benefits. Schedule your free consultation today by calling 815-727-0100.