Here is a scenario:
You have had a long day at work. For a few minutes, you decide to stray away from your position’s duties. During that time, you become engaged in “horseplay,” which is completely unrelated to the circumstances of your employment.
As adults, we can all understand that such a sequence of events is a realistic possibility (especially amid a long work day). However, what happens if you become injured while participating in horseplay? In terms of Workers’ Compensation claims with respect to horseplay, courts look at what is known as “voluntariness”: If you were voluntarily involved in horseplay at work, and suffered an injury, your claim will generally not be compensable.
However, if you were involuntarily involved in such horseplay (or withdrew your volition from such horseplay after it had been initiated), and were injured because you happened to be “in the wrong place at the wrong time,” then your claim may still be compensable. Thus, involvement in horseplay that results in a workplace injury is highly dependent on the specific circumstances of your specific claim.
If you have been injured at work, and would like to receive an evaluation of your potential claim, please contact us as soon as possible.
Please be advised: every legal case is different. While this information may be informative, it is not intended to constitute legal advice. To determine if the circumstances presented here apply to your case, please do not hesitate to call us today.