Suing an employer for an injury sustained at a holiday or Christmas party in Indiana is a complex process that requires a thorough understanding of both the State’s workplace injury and personal injury laws. The first step in filing a lawsuit is determining whether an injury falls under Indiana’s workers’ compensation laws, which typically cover injuries occurring during the “course of employment.” This assessment can be complex, and it will require a careful review by an experienced personal injury lawyer.
Coverage via workers’ compensation hinges on several specific circumstances, mainly, establishing that the gathering exceeded the scope of a simple social event.
Other factors play a role in determining eligibility. For example, whether it was your employer or a third-party who hosted the party will carry weight in a claim. Additionally, if attendance was compulsory and not perceived as optional, this will also be a factor. Lastly, where the injury occurred is significant, particularly if it took place on company grounds.
If an injury is determined to fall under workers’ compensation, the process involves filing a claim with the Indiana Workers Compensation Board. Preparation of a case requires documenting the injury, gathering evidence from the party, and reviewing your employer’s policies — such policies may reveal clauses related to injuries at company-sanctioned events.
If an injury is determined to fall outside the scope of workers’ compensation, it may be necessary to pursue a traditional legal path in obtaining compensation. This means showing that the employer or host had a duty of care, breached that duty, and that this breach directly caused the injury.
Differentiating between a work-related injury and an “off-the-clock” incident is significant because employers in Indiana are shielded by the Workers Comp Exclusivity Remedy. This is a provision within the Workers’ Compensation Act that limits an employee’s injuries to a workers’ compensation claim when hurt on the job.
Consulting with an attorney experienced in personal injury and employment law in Indiana is crucial. They can provide legal advice specific to your case and guide you through the process of filing a lawsuit in the appropriate court, if necessary. They will also be instrumental in navigating the process of negotiating any potential settlements.
Many cases are settled out of court, where your employer or their insurance company may offer a settlement to cover medical expenses, lost wages, and pain and suffering. However, if a settlement is not reached, the case will need to go to trial.
If you or a loved one were injured at a holiday office party, or any other event throughout the year, contact Hurst Limontes to discuss your options. As stated, suing an employer in Indiana for a holiday party injury involves evaluating the details of the event, documenting the injury and circumstances, and possibly navigating both worker’s compensation and personal injury legal frameworks.
Call 317-636-0808 or complete the form below for a FREE and confidential consultation. We have over a century of combined experience fighting for our clients in any number of personal injury claims. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.
