Written By: Avery Kavanaugh, Student-at-Law
6 Minute Read
The holiday season often brings with it workplace holiday parties, a time for employees to unwind, bond, and celebrate the year’s achievements. However, while these events are meant to be fun and festive, they can sometimes lead to unexpected accidents. Whether it’s a slip on a wet floor, an alcohol-related incident, or an unsafe venue, being injured at your company’s holiday party raises an important legal question: Who is responsible?
In Ontario, the responsibility for injuries sustained at a company event depends on several factors, including where the event is held, the nature of the injury, and the conduct of the parties involved. Below are various legal considerations to be aware of if you’re injured at your company’s holiday party.
When Workplace Events Become a Legal Matter
The lines between professional and personal settings can often blur during workplace social events. Although a holiday party may feel informal, it is still often considered a “work-related activity” under Ontario law. This means that if you’re injured, your employer may be legally responsible.
The location of the event also plays a role in determining liability. For example, if the party takes place in the office or at a venue rented by your employer, the responsibility for ensuring the space is safe may fall on the employer. If the event is held at a restaurant or another public space, the venue may share responsibility if unsafe conditions were present.
Who Could Be Responsible If You’re Injured?
There are several parties that could be responsible if you’re injured at your company’s holiday party, including:
Your Employer
If your injury results from employer negligence, such as failing to provide proper supervision or failing to ensure the event was held in a safe environment, your employer could be held liable.
Event Venue
If the venue where the party was held had unsafe conditions, such as inadequate lighting, slippery floors, or faulty equipment, the venue may also be liable. The venue operator has a duty to ensure the premises are safe for guests, including your employer’s employees.
Co-Workers or Guests
In some cases, a co-worker or guest at the party may be responsible for your injury. This could happen if someone’s reckless or dangerous behaviour, such as a physical altercation or drunken misconduct, directly leads to your injury. In these circumstances, the individual responsible may be personally liable, or the employer could be held accountable if the incident occurred during a work-related event.
While alcohol can be a common factor at holiday parties, it can also complicate matters of liability. If alcohol was served irresponsibly or without proper oversight, both the employer and the venue may share responsibility.
Common Holiday Party Injury Scenarios
There are various types of injuries that can occur at company holiday parties. Some of the most common include:
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Slips, trips, and falls: Spilled drinks, wet floors, or icy sidewalks can easily cause falls.
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Alcohol-related accidents: Overconsumption of alcohol can impair judgment, leading to accidents or even physical confrontations.
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Assaults or harassment: Sometimes, social events can escalate into situations of harassment or assault.
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Transportation-related injuries: If the event is held off-site, employees may be injured on the way home, particularly if they are impaired by alcohol.
Employer Duty of Care During Company Events
In Ontario, employers have a duty of care to provide a safe environment for employees. This means taking reasonable precautions to prevent injuries. Employers should:
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Ensure the venue is safe and accessible.
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Provide transportation options (such as taxis or rideshares) for employees who may be impaired after drinking.
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Monitor alcohol consumption and ensure it doesn’t lead to reckless behaviour.
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Have staff present to manage the event and handle any emergencies that may arise.
Can You Make a Claim for Injuries from a Holiday Party?
If you’re injured at your company’s holiday party, you may be entitled to compensation through various legal avenues. Some of the potential claims you could pursue include:
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Workplace Injury Claim through WSIB: If the injury occurred during work hours or as part of a work-related event, you may be eligible for compensation through the Workplace Safety and Insurance Board (WSIB).
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Negligence Claim Against Employer or Venue: If the injury was caused by negligence, you may be able to file a personal injury lawsuit for damages.
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Third-Party Liability Claim: If another person, like a co-worker or guest, was responsible for your injury, you may pursue a claim against them directly.
It is important to consult a lawyer to determine the best course of action, as they can guide you in identifying which claim applies to your situation.
Steps to Take After Being Injured at a Company Holiday Party
If you’re injured at your company’s holiday party, it is important to take the following steps to protect your rights:
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Seek medical attention for any injuries, no matter how minor they may seem.
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Report the incident to your employer as soon as possible.
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Gather witness information or take photos of the scene.
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Contact a personal injury lawyer to discuss your case and explore your options.
How a Lawyer Can Help
A personal injury lawyer can assist by investigating the cause of your injury, identifying who can be held responsible, and helping you pursue compensation. Whether you’re filing a claim with WSIB, seeking damages for negligence, or holding a third party accountable, a lawyer will guide you through the legal process and advocate for your best interests.
If you have been injured at your company’s holiday party, it is important to understand your rights and options. Contact our experienced personal injury lawyers at McLeish Orlando LLP today to learn more about who may be liable and how we can help you recover compensation for your injuries.
