Let’s look at 3 examples of horseplay and workers’ comp claims:
- A man injured his knee and was at work in an office on crutches. When a co-worker tried to tip him over while on crutches (an act of horseplay), he further injured his knee and applied for workers’ comp. Since he was not the instigator of the horseplay, his injury claim was valid.
- A restaurant worker kicked his leg into the air several feet from another employee in an act of fun. He slipped on the wet and dangerous floor, injuring his leg and groin. The court ruled that it was not horseplay because the act lasted just a few seconds and was not out of the acceptable and regular scope of behavior for the wait staff at the restaurant.
- A construction worker attempted to playfully “bump” a co-worker with the rear-view mirror of his truck after his co-worker shook his backside at the man. The worker accidently hit the man with the bed of his truck instead of his mirror. The court decided that the man was indeed engaged in horseplay outside of the regular scope of his job and denied him workers’ compensation.
If you have been denied workers' compensation in Missouri or Illinois because of horseplay, talk to a workers' comp attorney today.
