Am I covered by Workers Compensation at my work Christmas Party?

Am I covered by Workers Compensation at my work Christmas Party?

Hattenfels v Richards Panel Pty Ltd [2022] NSWPIC 213

In Hattenfels v Richards Panel Pty Ltd [2022] NSWPIC 213, the Personal Injury Commission clarified that the protections afforded by the Workers Compensation Scheme can extend to cover workers throughout the festive season at a Work Christmas Party.

Background

Mr Jason Hattenfels was employed by Richards Panel Beating, a company owned by Tracey and Todd Richards (“the Richards”).

On 6 December 2019, Jason attended his work Christmas party at South Dubbo Tavern. The event was arranged by the Richards, and attendees were provided food and alcoholic beverages.

At approximately 12.30am, the staff at the Tavern were closing the premises, when the Richards suggested that the party continue back at their personal property. Attendees agreed, and the Richards arranged taxi services to transport everyone to their property.

The Richards’ premises backed on to a golf course, and they owned a golf cart, which was suited to transport two people.

More alcohol was provided to the workers upon arrived at the Richards’, and the party continued into the early hours of the morning.

At around 3.00am, there was a conversation between Tracey and a few of the workers, in relation to kangaroos on the golf course. One of the workers had never seen a kangaroo before.  

Following this conversation, Tracey gave permission for her son, Lewis, who was also intoxicated at the time, to take two other workers in the golf cart and onto the golf course to look for kangaroos. As Lewis took off slowly towards the golf course, Jason and another colleague of his, Brett, ran after the golf cart, and jumped on the back where the golf clubs are typically placed.

The group of five, loaded onto a golf cart suited for two people, drove around the course at a slow speed, searching for kangaroos. They spotted a few kangaroos, then started to drive back towards the Richards’ premises. At some point throughout the venture, Jason fell off the back of the golf cart and was found laying unconscious on the ground by his co-workers (“the accident”).

As a result of the accident, Jason sustained severe injuries, including a traumatic brain injury.

A workers compensation claim was lodged by Jason, for which liability was disputed by the insurer on the basis that:

1. Jason’s injury was solely attributable to serious and wilful misconduct; and
2. The injury was not sustained in the course of his employment.

The matter progressed to the Personal Injury Commission, and an award was ultimately made in favour of Jason.

Decision

The matter was heard in the Personal Injury Commission on 12 May 2022, and the Member found the following:

1. For an injury to arise out of employment, and therefore attract the insurer’s liability, there must be a causal connection between the employment and the injury.
2. The Member found that the purpose of the work Christmas party was to facilitate a harmonious working group, and all employees were encouraged to attend. There was no deviation from that purpose when the party transitioned from the Tavern to the Richards’ premises.
3. Based on the evidence, it appears that the decision to travel in the golf cart, onto the course, was made in a light-hearted and fun manner. There was no evidence the vehicle was being driven recklessly or at a fast pace.

Based on the above, the Member found in favour of Jason, and the insurer accepted liability for his injuries.

Key Take Away

This case demonstrates that if an employer encourages workers to attend a social event outside normal work hours, the workers’ attendance can be considered an activity arising in the course of their employment.  

If you would like further information about the Workers Compensation Scheme, or if you have an enquiry about your claim, please do not hesitate to contact our experienced Injury Compensation Team.

The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.