There are no absolute answers as to whether an employee is covered under the workers’ compensation laws when participating in a wellness program.  As in any workers’ compensation claim, it is necessary to review each claim on a case-by-case basis and review the specific facts in each case to make a compensability determination.  When making a compensability decision related to a specific case, our decision must be based on the Virginia Workers’ Compensation Act and current case law. 

In order for an injury to be compensable under the Act, it must meet the definition of an “injury by accident” that “arises out of” and “in the course of employment”.  If an employee is injured while voluntarily participating in an employer-sponsored off-duty recreational activity, which is not part of their job duties, he/she is not covered under the workers’ compensation Act.   Employees who are injured while participating in a wellness program at a fitness center/gym (not owned and operated by the employer), that are not on company time and are not being paid will most likely not be covered under the workers’ compensation Act.  This is true, even if the employer is paying or contributing to the cost of a membership fee. 

Conversely, if an employer allows and encourages employees to participate in a wellness/fitness program while on duty, then this may rise to the level of being “in the course of employment” and could be covered.