Magnifying Glass
nature 5055187 640
Back to Workers' Compensation Daily Headlines

Do You Know the Rule? Montana Recreational, Other Non-Work Activities

19 Apr, 2023 Frank Ferreri

nature 5055187 640
                               

Butte, MT (WorkersCompensation.com) -- They say don't mix work and pleasure, but how can you get out of the office parties, company picnics, and inter-department softball games and still make it up the corporate ladder?

When an employee is doing something fun with the people they work with, to what extent is covered by workers' compensation law if someone gets hurt along the way? Montana has some guidelines, which appear in the chart below.

TopicWhat Montana Says
Arising out of & in the course of employmentAn injury does not arise out of and in the course of employment when the employee is engaged in an unpaid social or recreational activity, regardless of whether the employer pays for any portion of the activity or whether the activity occurs at the worksite of the employer. 
Paid timeThe exclusion from coverage of this subsection does not apply to an employee who, at the time of injury, is on paid time while participating in a social or recreational activity and whose presence at the activity is required or requested by the employer.
"Requested"An employee's presence is "requested" if the employer asked the employee to assume duties for the activity so that the employee's presence was not completely voluntary and optional and the injury occurred in the performance of those duties.
"Social or recreational activity"An activity that is generally undertaken by individuals for exercise, relaxation, pleasure, or voluntary or optional preparation related to the employment.

Keep current on compliance with SimplyResearch

  • arizona california case management case management focus claims cms compensability compliance conferences courts covid do you know the rule exclusive remedy florida FMLA fraud glossary check Healthcare health care iowa leadership medical medicare minnesota NCCI new jersey new york ohio opioids osha pennsylvania Safety state info texas violence virginia WDYT west virginia what do you think women's history month workers' comp 101 workers' recovery workers' compensation contact information Workplace Safety Workplace Violence

    • Read Also

    Climate & Comp: Calif. Moves to Protect Workers from Indoor Heat

    Sacramento, CA (WorkersCompensation.com) – For five years, workers have been waiting for California officials to address heat protection for indoor workers during extreme heat, and now officials seem poised to act. The California Division of […]
    What Do You Think: Was Nurse Liaison’s COVID-19 too Common to be ‘Occupational Disease’?

    Omaha, NE (WorkersCompensation.com) – In Nebraska, an ordinary disease of life that everyone is exposed to, such as the flu, is generally not a compensable occupational disease. But what if the disease goes from being […]
    The Impact of Loneliness in the Workplace and Workers’ Compensation

    Sarasota, FL (WorkersCompensation.com) — Loneliness has long been considered an individual problem but has become a widespread social epidemic. In May 2023, US Surgeon General Dr. Vivek Murthy officially recognized this issue. The rise of […]

    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law.

    More by This Author

    Do You Know the Rule? Wash. IME Accompanying Person

    Seattle, WA (WorkersCompensation.com) — Can a worker in the State of Washington bring someone with them to an independent medical examination? The answer is yes, and here are the rules for when a worker has […]
    ‘Mailbox Rule’ doesn’t Save Conn. Employer from Filing Deadline

    Hartford, CT (WorkersCompensation.com) — Sometimes when something has to be “filed” by a certain date, the law will say that dropping it in the mail is good enough to meet the deadline. However, as a […]
    Case Lesson: When is a Denial Based on an IME in Oregon?

    Salem, OR (WorkersCompensation.com) — For readers fortunate enough to have access to Simply Research, a case popped up on that site last week that has important information on how IMEs work in Oregon. The case, […]

    Read More

    Climate & Comp: Calif. Moves to Protect Workers from Indoor Heat

    Sacramento, CA (WorkersCompensation.com) – For five years, workers have been waiting for California officials to address heat protection for indoor workers during extreme heat, and now officials seem poised to act. The California Division of […]
    What Do You Think: Was Nurse Liaison’s COVID-19 too Common to be ‘Occupational Disease’?

    Omaha, NE (WorkersCompensation.com) – In Nebraska, an ordinary disease of life that everyone is exposed to, such as the flu, is generally not a compensable occupational disease. But what if the disease goes from being […]
    The Impact of Loneliness in the Workplace and Workers’ Compensation

    Sarasota, FL (WorkersCompensation.com) — Loneliness has long been considered an individual problem but has become a widespread social epidemic. In May 2023, US Surgeon General Dr. Vivek Murthy officially recognized this issue. The rise of […]
    Do You Know the Rule? Wash. IME Accompanying Person

    Seattle, WA (WorkersCompensation.com) — Can a worker in the State of Washington bring someone with them to an independent medical examination? The answer is yes, and here are the rules for when a worker has […]
    ‘Mailbox Rule’ doesn’t Save Conn. Employer from Filing Deadline

    Hartford, CT (WorkersCompensation.com) — Sometimes when something has to be “filed” by a certain date, the law will say that dropping it in the mail is good enough to meet the deadline. However, as a […]
    What Do You Think: Did PTSD from Bodily Fluids Render Hospital Employee Permanently Unable to Work?

    New Orleans, LA (WorkersCompensation.com) – In Louisiana, an employee has the burden of showing that he can no longer work and is thus entitled to permanent total disability benefits. A case involving an employee for the […]

    Request a Demo

    To request a free demo of one of our products, please fill in this form. Our sales team will get back to you shortly.