Can That Softball Game Injury Be Compensable?

Written by: Dale Slemons, Esq.

Summer is slowly winding down and those fun filled, company sponsored, summer softball teams are gearing up for the playoffs, including our very own HBS “Devil Goats”. Good luck Goats!!!

While most company softball teams play for exercise, fun and the occasional adult beverage after the hard fought game, during playoff time the competition can get more intense and is more likely to result in injuries. Regardless of the intensity of the competition or the level of play, sports injuries are inevitable given the number of participants in afterhours recreational teams, be it softball, bowling or badminton. As these injuries inevitably  occur, employers need to be aware of the way that the law is interpreted in Georgia or whatever jurisdiction they may be subject to.

In Crowe, 145 Ga. App. 873 (1978) and it’s progeny, the Employee/Claimant had sustained a serious injury to his collar bone during a practice for his Employer’s softball team. This case made it all the way to the Georgia Court of Appeals, where the Court held that the Claimant clearly sustained an injury while playing for a company team; however, the Court determined that it was not a compensable injury since the accident did not occur on company property and it was after hours. The Court noted that the uniforms bore the company logo but were not purchased by the employer. Moreover, the employer did not require participation. Participation was voluntary, and the employer’s only benefit from the activity were improved health and morale which is common to all kinds of recreational activities.

So good luck players, get out there and give it your all. Enjoy your adult beverages, safely of course, but know if you are injured, workers compensation doesn’t cover it!!