August 2016

Don’t Let Claims Ruin Fitness or Fun
Submitted by: Paul Lindsay, EPIC Program Solutions

Especially during summer and fall, employers often encourage employees to participate in fitness activities or company picnics. But if an employee is injured at one of these events, your workers’ compensation might apply if:

Employers can avoid liability for fitness and recreation activities by having employees sign a recreational waiver before participating. Please contact your employment attorney for more information.

An on-site weight or exercise room makes it less expensive and more convenient for employees to exercise. However, employers must be careful to avoid liability for injuries to employees and others. To avoid this, we suggest the following guidelines for employer-sponsored onsite facilities:

Limit use to employees only — no guests or family members
Have employees sign a waiver, saying 1) that they have no medical conditions that prohibit or would worsen with exercise, 2) that they agree that use of the center is completely voluntary and occurs on the employee’s own time.
Specifically state in the waiver that any injuries that occur at the center are not compensable by workers’ compensation.
Post signs on the doors reiterating #3 above.
Prohibit use of the facility for rehabilitation.
Read equipment manufacturers’ recommendations for preventive maintenance and develop a schedule for inspections and maintenance. Document all inspections and repairs made.
If the facility is large enough and the number of prospective users high enough, consider outsourcing management of the facility. Have your attorney review your contract with the facility manager.