Visitor Question

Does workers comp cover injury while attending a fundraiser?

Submitted By: Lauren (Fairfax, Virginia)

As a teacher we are encouraged to attend after school activities to support the Parent Teacher Association (PTA). Our PTA asked for teacher volunteers to help with “Bingo” Night. I volunteered to be a caller.

While at Bingo Night, I was sitting on the floor of the gym (where we played the game). As I was getting up, I fell and turned my ankle, which resulted in a break in two places. I missed a week of school and several other days for follow up appointments and physical therapy.

Is this something that can be covered under worker’s compensation? Thank you for any information you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Lauren,

In order to determine if you have a legitimate workers compensation claim will depend on whether “volunteering” was required as an overt or implied condition of your employment with the Fairfax County School District.

If it can be shown that a lack of volunteering has in the past resulted in teachers’ dismissals, assignments to unpopular schools, retarded career advancement, or salary increases, then there is strong basis to show volunteering was in fact not volunteering, but instead a job requirement.

But you haven’t arrived at that point yet. For now, you should file a workers compensation claim. For all you know, the claim may be accepted and you will be properly compensated.

In the event your claim is denied, and the reason given is you were volunteering and that’s not considered part of your work duties, then you may consider legal representation. Your injuries are serious enough to prompt a personal injury attorney to accept your case.

Most personal injury attorneys do not charge for initial office consultations. Gather copies of your medical records and medical bills and seek out several personal injury attorneys in your area. After speaking with them you will have a better idea of the viability of your claim, and its chance if success.

Learn more here: Off-the-Clock Work Related Injuries

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck with your claim,

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