Have you been injured while on a break period from the working day? Certain breaks such as lunch and coffee break are deemed part of the daily goings and comings of the work routine. If there is a connection between the injury and the place of employment, then compensation may be available. These factors will determine if the injury is compensable:
Did the injury occur during employment? The injured party must be employed at the time of injury. Workers’ Compensation is only available during the time of work.
Where did the injury take place? If the injury takes place on the premises of employment, it is typically covered by Workers’ Compensation, even during break periods. However, if the injury takes place off the property, it is necessary to have a work-related connection.
Was the injury a result of a task related to your employment? If you were performing a job-related task and sustained injuries off the premises, you should be eligible for Workers’ Compensation. For example, your employer asks you to pick up supplies off the grounds during a lunch or coffee break, this is considered a work-related task and compensation should be available.
As Larson’s Workers’ Compensation law has stated:
“the time spent going and coming on the premise; … regular unpaid rest periods … lunch hours… In each instance of time, although strictly outside the fixed working hours, is closely contiguous to them; the activity to which that time is devoted is related to the employment, whether it takes the form of going or coming, preparing for work, or ministering to personal necessities such as food and rest; and, above all, the employee is within the spatial limits of his or her employment.” 2 Lex K. Larson, Larson’s Workers’ Compensation Law Sec 21.02 [a] at 21-3 to 21-4 (Mathew Bender Rev. Ed.).
As you can see, there are intricacies to Workers’ Compensation. Contact us today and see if you are eligible for compensation for your injury.
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