John’s dopey colleague thought it would be funny to jump out of a dark corner and scream “Booh!” as he descended a staircase with work materials in his hands. Not surprisingly, John lost his balance, misstepped, and fell down the stairs, injuring his knee in the process. Can John recover workers’ compensation benefits for his injuries? Happily, the answer is “yes.” Incidents of unilateral horseplay that cause injury to the innocent employee are considered risks of the employment. Injuries resulting therefrom are compensable under the Virginia Workers’ Compensation Act.
While we’re on the topic, however, it’s worth noting that if the shenanigans are bilateral, resulting injuries are not covered by the Act. Only innocent victims of unilateral horseplay may receive workers’ compensation benefits in Virginia.