Many companies host holiday parties, which encourage employee bonding and are fun. What happens if you contract food poisoning from food served at the party?
If the party falls within the course of your employment, you may be able to file a Workers’ Compensation claim that covers your medical treatment and the time you take off work to recover.
Answer several questions to determine if Workers’ Compensation covers food poisoning from the company holiday party. For related resources, see Workers' Compensation Premium Recovery.
Did your employer sponsor the party?
You can only file a Workers’ Compensation claim if your employer sponsors the party. Even if the party is held in your company's building, you typically cannot file a claim if a client or another third party sponsors the event.
Is your attendance mandatory?
The party is considered an official work event if one of the following conditions applies.
- You are paid to attend.
- Your attendance is recorded.
- You must perform your regular work duties if you don't attend the party.
- It’s a common custom for every employee to attend the party.
Is the party considered a benefit of your employment?
Your company may offer numerous employee benefits, including vacation and sick leave, health insurance, or tuition assistance. The holiday party may also be considered a company benefit; if so, you can file a Workers’ Compensation claim if you become ill because of food served at the party.
Did your employer benefit from the party?
Holiday parties can raise employee morale and create goodwill toward the employer, but these benefits are often intangible. The event must produce tangible, measurable rewards for the employer to qualify as a work event—examples include opportunities that may directly increase clients or revenue.
Did your employer finance the party?
To qualify as a true work event, your employer must pay for or substantially contribute money toward the party rather than leaving costs to employees or an outside sponsor.
Did your employer supply the food?
The food served at your holiday party may be prepared elsewhere and delivered to your building, or you may eat food prepared and served at a restaurant, hotel, or other location. If your employer supplied the food and you did not have to pay for it yourself, you could file a Workers’ Compensation claim for any food poisoning you contract.
For information about workplace food-related coverage, see Workers Compensation — Food Sundries Processing (Class Code: 6504).
After you answer these six questions, you should have a clearer idea whether Workers’ Compensation covers food poisoning from a company holiday party. Talk to your Human Resources manager if you’re still uncertain or need to file a claim, or talk to an agent.
Frequently Asked Questions
Can I file a Workers’ Compensation claim for food poisoning from a potluck where employees brought dishes?
Claims are less likely to succeed when the food was provided by co-workers without employer sponsorship or payment, but outcomes depend on the event's facts and local rules.
What if the party was off-site at a restaurant—can I still file a claim?
Yes, you may still file a claim if the employer sponsored, financed, or treated attendance as work-related; location alone does not prevent coverage.
How soon should I report food poisoning to qualify for benefits?
Report the illness to your employer as soon as possible and seek medical care; prompt reporting and documentation improve the chances of a successful claim.
Will Workers’ Compensation cover lost wages while I recover?
If your claim is accepted, Workers’ Compensation typically covers medical treatment and a portion of lost wages during the recovery period, subject to local rules.