About

Workers’ compensation questions can get complicated fast. In our new Dear Julie series, Julie Nichols, outside counsel for BIAW’s ROII program, answers common questions contractors and employers face when navigating Washington’s workers’ compensation system.

Julie has been practicing law and helping building industry employers navigate Washington’s unique workers’ compensation laws and regulations for nearly 20 years, bringing practical insight to real-world claim situations ROII participants encounter every day.

DEAR JULIE,

A few weeks ago we had a fire drill at our warehouse. While our employees were waiting to get back in, a few of them started throwing around a football. One of them jumped up to catch a pass and his knee buckled. He visited the doctor that day and a claim was filed for a work-related injury. Was this really work-related?

— SIDELINED IN SPOKANE

DEAR SIDELINED IN SPOKANE,

Yes, this would likely be considered work-related. The question asked in these types of situations is whether the worker "unreasonably deviated" from employment. As in most cases, the answer depends on the specific facts. Was the employee being paid during this time? Were they asked to stop playing or otherwise under supervision? Were they allowed to leave the premises?

In a similar case that went to appeal, it was found that a worker did not "unreasonably deviate from his employment" when he played football during a work stoppage.

Please note that the Q&A exchanges shared in Dear Julie are hypothetical scenarios loosely based on claims and cases that ROII staff handle daily. This information should not be considered legal advice. If you have a specific question or claim concern, please contact your ROII claim representative and/or your attorney.