Under certain circumstances, workers’ compensation may cover injuries incurred outside the workplace, even in an employee’s home.

In Kidwell v. WCAB, a California Court of Appeal ruled that an employee injured at home while performing a task that was a reasonable expectancy of their employment was entitled to workers’ compensation benefits. The employee worked for the California Highway Patrol. She was required to pass an annual physical fitness test, including a standing long jump, to remain employed. She was injured while practicing at home, requiring surgery and time away from work. The court reasoned that because the long jump was a job requirement and practice was the only way to perfect it, it was a reasonable expectation of employment that the long jump be practiced at home.1

This case emphasizes the need for your employee handbook to include a warning that participation in off-duty recreational, social or athletic activities that are not part of the employee’s work-related duties is not covered by workers’ compensation. If you require employees to pass skill and agility tests, consider providing specific, supervised time for training for those tests.

1. Kidwell v. WCAB, 33 Cal. App. 4th 1130 (1995)

Injury Outside the Workplace

Covered Injuries