Whom do you turn to if you are injured during a business retreat? Depending on the circumstances of your injury, your company may be one of the parties liable for your injuries. For example, the company may be responsible for your injuries if the retreat satisfies these five conditions:
It Is Mandatory
If you have to attend the retreat, then it means that it is work related. As you know, your employer is liable for injuries you may incur while on the job or undertaking work-related services. In fact, one of the tactics used by businesses to reduce their level of liability at these kinds of events is to make them voluntary.
It Isn't Denied in the Company's Policy
Business retreats are common these days, which means companies face more risks than in the past. In order to protect themselves, businesses are increasingly tackling this issue in their policies. In fact, some businesses even include clauses that require employees to sign release forms that exonerate the company from liability in cases of injuries. However, in the absence of such a clause in your company policy, it's safe to go after your employer for compensation.
It Is Organized By the Company
Another issue that will come into play is that of the organizers. Was it organized by the employer, by the workers union or even by other professional organizations? Perhaps the company hired the ground, paid for your accommodation and even outsourced some professional speakers. In that case, it was clearly a company event. In general, your employer is liable for the ensuing damages if it is in charge of the retreat.
It Is Held In The Company's Premises
This is one of the most obvious elements that make a company responsible for its employees' safety. Consider a case where the event is held on the company's premises, a chain of hotels it owns (perhaps it is a hospitality-related business) or one of it's out of state branches.
It Benefits the Company
This is also another essential factor to consider. If the company stands to benefit, then it stands to reason that it should ensure your safety during the whole event. For example, it may be a team-bonding session – which benefits the company by improving cohesion and productivity. However, if it is something that you (the employees) have organized to celebrate your end of year success, then it might not be viewed as benefiting the company.
Going after your company may not be a good idea if it isn't responsible for your injuries. Therefore, this is one of those claims that you should run by a law firm before submitting.
Share30 July 2015
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