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Holiday Parties and Workplace Accidents

With the holiday season upon us, and the likelihood that employers will be providing holiday lunches and off-site seasonal parties for their employees, it is a good time to review the WSIB risks that may flow from an accident to an employee at such an event.

On August 30, 2012, we commented on a newspaper report of a recent decision of the Appeals Branch of the WSIB.  That decision allowed benefits for a paramedic of Simcoe County was attending an “Elvis themed festival” in Collingwood in July 2009.  The paramedic was off-duty at the time.  While walking the streets of the festival, he noticed an elderly man fall.  He went over to the man to see if he needed assistance and discovered that the man had no vital signs.  He then called 911.  When an ambulance arrived, he assisted those paramedics to place the man on the stretcher and load the stretcher into the ambulance.  During the stretcher lift, he injured his arm.  The injury resulted in significant lost time from his employment.

We have since learned that the decision is No. 2329/10 of the Workplace Safety and Insurance Appeals Tribunal and not a decision of the WSIB.  The appeal was heard by a three member panel and the decision was not unanimous.  The dissenting member of the panel has not yet provided written reasons for his dissent, though the majority decision indicates that these reasons will be released at a later date.

The majority relied on the following facts in concluding that the paramedic, while off duty at the time of the accident, was injured in the course of his employment:

 The Majority of the Panel, in reviewing other cases noted that each such case turns on its specific facts.  There are a few WSIAT decisions that deal with injuries to workers when they are away from the workplace but engaged in company luncheons and parties that illustrate this point.

Decision No. 1245/09 involved a worker who, while attending a Christmas luncheon organized by the employer, fell over a chair leg and fractured two of his ribs.  Interestingly, the worker attended this appeal unrepresented and the employer did not participate.  There were 40 employees at the luncheon, and the worker was paid for his 90 minutes of his time to attend.  The injury occurred beyond the first 90 minutes, but before the luncheon was over.  The luncheon was also a time that the employer presented various awards to deserving employees.  The event was considered reasonably incidental to the employment, and the worker’s appeal was allowed.

Decision No. 264/94 concerns an injury to a worker was in a motor vehicle accident while driving to a company picnic.  In allowing the appeal, the Panel noted that the picnic was a social and recreational activity, directed annually by the employer for the purpose of enhancing employee morale.  The picnic was conducted during normal business hours, although there was no specific business agenda to the event.  Employees could attend on a voluntary basis.  The Panel found that the worker was in the course of his employment at the time of the accident.

In Decision No. 444/04 a group of restaurant managers were invited by the employer to a resort for a weekend.  Some went to the resort early on the Friday evening.  The employer paid for alcohol and food.  While at the bar, the worker fell off a mechanical bull and was injured as a result.  As the reason the worker was at the resort was for a workplace event, even this unusual incident was considered to be reasonably incidental to her employment.  The appeal was allowed.

The guidance provided in our blog of November 22, 2012 regarding the best practices to avoid or minimize liability risks from a holiday party applies equally to a potential liability under the Workplace Safety and Insurance Act.  The key difference in this legislation, however, is that the insurance scheme is no-fault.  To establish entitlement to benefits, a worker need only demonstrate that an injury at a holiday party arose out of and in the course of employment, and need not prove negligence on the part of the employer.  It becomes increasingly important, in the context of a WSIB liability, that employers take every precaution reasonable to prevent an accident to a worker, to ensure that each employee can enjoy the event but arrive home safely at the end of the day.

Please Note: This blog has been prepared as an informational service for our clients and other interested parties. It is not intended to constitute legal advice, a complete statement of the law or opinion on any subject. Although we endeavour to ensure the accuracy of the content, no one should act upon the information provided without a thorough examination of the law after the facts of a specific situation are fully considered.