April 28th is the World Day for Safety and Health at Work: a good time to remember that workplace accidents don’t just happen in offices or on construction sites! As the weather warms up, many companies plan events to boost team spirit—think happy hours, team retreats, and office parties. But what happens if someone gets hurt or faces inappropriate behaviour during one of these events?
If an accident happens at work and the employer has a place of business in Quebec, most employees can file a claim with the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST or labour board) and request compensation.
If the CNESST accepts the claim, you may be compensated for lost wages and get reimbursed for medical care and rehabilitation services costs.
To be considered a work accident, the injury has to happen in the course of your work. If it happens during regular work hours at your workplace, it’s usually straightforward. But what about events outside of regular hours or off-site?
Company events: Work function or social gathering?
If you’re injured or become ill at a company-organized event—like a happy hour, holiday party, or team retreat—the CNESST will only offer coverage if the incident is considered a work accident.
To decide, the CNESST will look at several factors:
- Was the event held at a location related to the company (e.g., the office or a space rented by the employer)?
- Did the accident happen during work hours?
- Was the employer organizing the event or strongly encouraging participation?
- Was attendance at the event mandatory?
- Was the event tied to professional goals (like team bonding)?
What the courts say
Decisions vary depending on the situation.
For example, a worker injured during a game organized at a company Christmas party was found entitled to compensation. The court ruled that, even though participation in the game was voluntary, the event served the employer’s goal of improving the work environment.
In contrast, another worker who got injured after jumping out of a window into the snow wasn’t compensated. The accident happened during an optional wine-and-cheese evening organized by the employer after a workplace cleanup day. Even if the event was organized by the employer, it was unsupervised and had no ties to professional goals or the worker’s job. The court said jumping out the window was a personal choice in a social setting—so, it wasn’t a work accident.
If an accident isn’t covered by the CNESST, the person may still have the option to sue the organizer or someone else through a civil lawsuit.
Harassment and misconduct: The employer is still responsible
Company events can also be the setting for inappropriate behaviour. If that behaviour is serious or repeated, it may qualify as harassment. Harassment can be:
- psychological: for example, repeated insults or taunts, teasing, bullying.
- sexual: for example, inappropriate touching, comments or conduct.
Even outside of the regular work environment, employers are still responsible for preventing and addressing inappropriate behaviour. If an employer learns about such an incident, they must investigate and take appropriate action—which could include firing the harasser.
Employees who experience harassment have recourses against the harasser or the employer. However, these recourses are not the same as those for a work accident. For more information, check out our articles on psychological and sexual harassment at work.
You can also contact organizations like the Help and Information Center on Harassment in the Workplace, which can help you understand your options.