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Wallyball!!! Recreational activity is usually not covered, but here is the exception

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If you are hurt on your company premises, but it's when you are taking a break and doing something like basketball or softball it wouldn't be covered as a work related injury.  In other words, if a group gets together at lunch and plays pick up basketball at the hoop provided on company property and you tear your ACL, it's doubtful that you could make a successful claim.

A recent case created an exception to this general principle (and it's why you should always seek out an experienced workers' compensation attorney because the law is always changing).

Back in 2002, a fitness supervisor for the Elmhurst Park District was on a break when he was asked to join in a Wallbally game.  This is kind of like volleyball played on a racquetball court.  The supervisor was asked to play and agreed to because without him there would not have been enough players.

Under Section 11 of the Illinois Workers' Compensation Act, employees can't recover for injuries during recreational activity unless they were ordered to particpate.  That is what the insurance company for the Park District argued at trial.

The supervisor countered that he felt promoting the District's activities was part of his job.  He lost at trial, but the Appellate Court agreed with him and compared him to a professional athlete in that the nature of his job is to participate in recreation.

If you get hurt at the company picnic or in a workout area they provide for you, you probably won't get anything unless it is mandatory that you participate or part of your job.  But as this case shows, the law is always changing and it never hurts to ask.

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