Call For A Free Consultation
(386) 229-3722No Recovery, No Fee
Work-related training is often required as part of employment, but when an injury happens during these activities, employees are left wondering whether workers’ compensation applies.
This article examines how Florida law treats injuries that occur during mandatory training, drills, and related travel. It also addresses how courts distinguish between work-related activities and recreational events, and what employees should know about protecting their rights when dealing with mandatory training for injuries in Florida.
In almost every instance, mandatory work training is covered by workers’ compensation, except in situations that cross into purely recreational activity.
An interesting case involving what was essentially an employee picnic, where someone was injured while playing a sport at a company-sponsored event, demonstrates this clearly. The court ended up finding that the activity was recreational in nature rather than work-related. That particular event was non-mandatory, more of a come and participate if you’d like type of gathering.
At times, it can be difficult to identify where the line is drawn between training and recreation. For example, if there is a formal training session followed by an optional luncheon, and someone slips and falls while leaving the luncheon, is that still work-related?
Often, the case turns on whether the activity primarily benefits the employer or is more of a recreational thank you for employees. That distinction is oftentimes clear, but in some cases, it becomes more nuanced.
The location of mandatory training generally does not change the analysis. For example, if employees attend an escape room as part of a team-building exercise designed to improve collaboration and workplace familiarity, that activity contains elements of both recreation and work-related benefit.
Even if the training does not take place at an employer’s office or a home workspace, so long as the employer directs employees to participate in a team-building event and someone is injured during that process, a legitimate argument can be made that the injury is compensable under workers’ compensation law.
Injuries during workplace drills or required exercises are generally compensable, particularly when participation is directed by the employer. If the employer is aware of the activity and instructs employees to take part, that activity necessarily relates to their workplace duties. If an injury occurs during that process, it should fairly be considered compensable under the law.
The law often treats these situations as what is known as a Special Errand. While a typical commute to and from a fixed workplace may fall under the going-and-coming exception, a Special Errand involves a different set of risks.
For example, if an employee normally has a five-minute commute, but the employer compensates them to drive 90 minutes to attend a training, recreational activity, or strategic business meeting, perhaps in a setting like a pavilion near a lake rather than the office, that travel may be considered a Special Errand.
Under Florida law, this represents a different risk profile than an ordinary commute and is often treated differently for workers’ compensation purposes.
In today’s world, where so much communication occurs in verifiable formats such as email, it is extremely helpful for employees to have clear, documented communication that can be independently verified. In the past, people worried about creating a paper trail. Today, that paper trail tends to be the most common and natural way people communicate.
An employee can create contemporaneous documentation without drawing undue attention to themselves simply by clearly reporting what occurred and when it occurred. If an employer later argues that there was no clear notice or communication about the injury, the employee can verify exactly what was communicated and the timing of that communication.
It is never too soon to educate yourself about what should and should not happen in a workers’ compensation claim. I am always willing to speak with people at any stage of an accident or injury, even if they do not believe there is currently a lack of cooperation. Having a better understanding of the process allows employees to evaluate whether they are being treated adequately and fairly under the law.
For more information on mandatory training for injuries in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (386) 229-3722 today.