When Workplace Horseplay Claims An Innocent Victim
Workplace horseplay is not simply harmless fun. Horseplay can lead to serious accidents and injuries. What if I suffer an injury in a horseplay incident at work? Can I get workers’ compensation benefits if injured in horseplay? In Alabama, horseplay can bar a claim for workers’ compensation benefits. It’s a serious issue that prevents you from recovering needed workers’ compensation benefits. If you were hurt in the workplace and an issue of horseplay exists, you should consult a skilled workers’ compensation attorney who has been through trial in these claims. Your benefits can depend upon it.
Are there situations where you can still recover workers’ compensation benefits if injured by horseplay? Yes. Situations do exist where horseplay injuries may still be compensable. A primary situation involves workers who are the innocent victims of horseplay.
Several years ago, I tried just such a case. What happened in that case? My client drove a truck for a large parcel delivery service. He drove an overnight route across Alabama. His company had a hub in central Alabama where he often stopped for fuel. The company supplied both gas and mechanics at that location. One night he stopped at the hub for fuel. As he sat and waited for his truck to be fueled, a mechanic suddenly jumped on him from behind. My client suffered a torn rotator cuff in the incident. The mechanic who caused the accident did not intend to hurt my client. Rather, this mechanic had a long history of dangerous horseplay in the workplace. Other employees had previously complained. Yet, for some reason, the employer did nothing. After the injury, the employer denied my client’s workers’ compensation claim on the grounds of horseplay. That’s where we became involved. In that case, the client was an innocent victim. We were able to win his benefits in court. If you are truly the innocent victim of horseplay, your claim should be honored.
Horseplay injuries can also be compensable in other situations. Sometimes, people are innocently hurt through the horseplay of another employee. In other situations, management actually participates in the horseplay itself. Yes, we have had a number of prior cases where that was the issue. If you are the employee injured by a horseplay incident in Alabama, the insurance carrier may simply deny the claim without considering the full facts. Do not simply accept the denial. Your injury is too important. You need to seek skilled legal advice from a lawyer who has fought this issue in trial.