The Horseplay Rule Demystified
In 2020, we saw 2.7 million nonfatal workplace injuries and illnesses. For every 100 employees, an average of 2.7 of them got injured on the job. When there’s a clear connection between the injury and the employee’s job—i.e an employee breaks his thumb getting it stuck in a piece of factory equipment—the injuries are almost always deemed compensable.
But what happens when two employees are horsing around on the job and one breaks his leg?
Understanding the Horseplay Rule
Horseplay injuries are those that are sustained due to employees fooling around and/or playing practical jokes on one another in the workplace. Where workplace-related injuries have clear parameters in the workers’ compensation system, horseplay is often a gray area.
In New York state, the Workers’ Compensation Board (WCB) looks at two determining factors for all cases: did the injury 1) arise out of employment and 2) occur during the course of employment?
As this New York-based law firm shares, “In general, injuries sustained during horseplay will be found to be compensable based upon the policy argument that it is reasonable and natural that employees will be engaged in occasional play during work.”
With that said, if an employer has strict and well-documented rules prohibiting horseplay within the organization and can prove the incident was a “unique and isolated act with no nexus to employment,” the injured employee will likely be denied coverage.
Which means prevention is key.
How to Prevent Horseplay in the Workplace
There are several ways to protect your employees and your organization from horseplay-related injuries on the job.
Educate your employees about the risks of horseplay
As the same suggests, most people who engage in horseplay usually do so innocently without understanding the risks associated. Whether you hold a training session, send an all-employee email or add it to the agenda of your next company town hall, help employees understand the risks they take when they’re fooling around on the job. We find it’s most effective to share real-life stories of employees in your state (or company) who were injured during horseplay and how they were impacted.
Put organization-wide rules in place to ban horseplay
While few employees read the employee handbook cover-to-cover, it’s important to put company-wide rules in place to ban horseplay and communicate those policies regularly. Doing so helps create a safer work environment and provides documentation the WCB will look at when determining who is responsible for the employee’s injury.
Encourage leadership to stop horseplay when they see it
Finally, encourage managers and team leaders to stop horseplay when they see it. It’s difficult to prove an incident was a “unique and isolated act” when employees are often running, chasing and pushing one another around the workplace and leadership does nothing to stop it (or, worse, engages in it themselves).
Horseplay injuries are among the most complicated to navigate and, as with all workers’ compensation claims, there are many valid sides to each story. If you’re looking for tips to help prevent horseplay-related injuries in your organization or need medical claims management support navigating a horseplay incident that’s occurred, you can get in touch here. We’d be happy to help.