Injuries Arising from “Horseplay” at Work Are Usually Not Compensable

As with other states, the general rule in Ohio is that workers’ compensation claims are not compensable if injuries are a result of “horseplay” or fooling around at work independent of an employee’s performance of her or his job duties. There is an exception to this rule if the employee who is injured by the horseplay of other employees does not participate in the horseplay and is attending to their job duties. [1] Another exception is if an employee is injured by horseplay commonly carried out by employees with the knowledge or consent of the employer. [2]  

While we all can enjoy a practical joke, the workplace should be a safe place for everyone. In advance of April Fools’ Day, consider reviewing your company’s safety policies to include a “no horseplay” policy. Also consider adding training to management to ensure they understand the consequences of any injuries arising out of what could be construed as “management approved” horseplay.

For additional information on this topic, contact Marisa Bartlette Willis or any member of Ice Miller’s Workplace Solutions Group.

[1] Section 189. Injury or death by practical joking and horseplay, 94 Ohio Jur.3d Workers’ Compensation Section 189; Sanders v. Fridd, 2013-Ohio-4338, 998 N.E.2d 526 (Ohio Ct. App. 10th Dist. Franklin County, 2013).  
[2] Id.  

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.