Julie Ferguson blogs about Injuries at the gym and whether they would fall under workers compensation as a result of employee compensability, incentives, and wellness. http://www.workerscompinsider.com/archives/001082.html.
She was following Roberto Ceniceros blog on a New York appeals court ruling which awarded workers compensation benefits for an injury that occured at a clients gym, whom the claimant performed contract work. While the employer had not been compensated or required participation at the gym, it was found that the employer had encouraged the claimant to participate. http://www.businessinsurance.com/article/20090710/BLOGS02/907109997
While wellness programs have been around for decades, they continue to build steam as employers look to find ways to control employee benefit costs. However, Julie and Roberto bring up interesting points.
If an employer encourages, provides incentives, or in some way an employee feels they have been intimidated or coerced to participate, and an injury occurs, would workers compensation benefits be paid? If so, will underwriters rate for this? Will Workers Compensation costs go up?
Consider for a moment the opportunity for fraud... At our firm, our wellness team has organized many events including a walk-a-thon, yoga, boot camp, and many other fun activities. But what if an employee, after work, while walking and tracking his/her miles for the walk-a-thon fell and broke his/her leg and was out for two weeks? How would anyone be certain that this was a work related injury due to the wellness program, and not just an injury he/she sustained doing general chores around the house?
Tough questions that are sure to be tested in court. We'll have to wait and see.
You can find an interesting discussion on this subject on linkedin here:
http://www.linkedin.com/groupAnswers?viewQuestionAndAnswers=&gid=42596&discussionID=5557938&goback=%2Eanh_42596
Posted by: Cliff Rudolph | 07/30/2009 at 08:54 AM