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Do You Have a Workers’ Compensation Claim If You’re Injured at a Workplace Holiday Party?

At this time of year, many workplaces have holiday parties for their employees. While meant to be a fun way to bond and relax, these festivities can and do lead to injuries, even if your event doesn’t descend into a wild party.


If you’ve been injured at a holiday party instead of in the course of work duties, it may be more challenging to get workers’ compensation, but that doesn’t mean you don’t have options for getting fair financial compensation. To find out more, contact Flaxman Law Group after your injury for a free accident consultation with a member of our family-based legal team. We’ll talk about the specifics of your situation and help you understand whether you could have a claim.

Common Holiday Party Injuries in Florida

Holiday parties in Hollywood and across Florida come with some unique challenges. Alcohol is often involved, which can affect decision-making and mobility and lead to accidents. In addition, lowered inhibitions and a new setting (if the party is held at a venue outside of work) can also create the risk of different kinds of injuries, including:

  • Slip and fall accidents caused by spilled food and drink
  • Trip and fall injuries from debris on the floor
  • Food poisoning
  • Violence and assault
  • Burns from decorations and food areas
  • Alcohol-related injuries

Any serious injury incurred at a holiday party at your workplace can have a significant impact on your life. It can cause you to lose income and time at work. It can lead to increased medical bills and can even leave you unable to live your regular life. Getting fair financial recovery is important because it can be the only way to help you cover some of these costs.

Am I Covered By Workers’ Compensation If I’m Injured at a Hollywood Work Party?

Most workers in Hollywood and Florida are covered by workers’ compensation if they’re injured in the course of their work duties, but workplace parties are not a regular part of work.

According to Florida Statute Section 440.092(1): “Recreational or social activities are not compensable unless the activities are a required incident of employment and produce a substantial direct benefit to the employer beyond improvement in health and morale…”

This means that you may have a claim if your workplace party was mandatory or if you believed you were required to attend. On the other hand, workers’ compensation claims are usually denied if there was drinking involved at the time of the injury, so if you were served alcohol this could impact your claim.

As you can see, a workers’ compensation claim stemming from an injury at a work holiday party can quickly become complex. It doesn’t mean you can’t seek financial recovery, however. Even if you don’t have a workers’ compensation claim, you may still be able to seek a premises liability claim against the venue if the property owner failed to provide a reasonable level of safety, or you may have another third party personal injury claim.

To sort out whether you have the right to pursue financial recovery, don’t delay. Talk to a Hollywood workers’ compensation lawyer as soon as possible after your injury, so you can get the facts and so your attorney can start building a case for you. You can start the conversation fast by contacting the Hollywood, Miami, or Homestead offices of Flaxman Law Group. Our family-based law firm is here to help those in our community who have been injured and we’re pleased to offer a free accident consultation so you can learn more about your rights.

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