If Injured on a Break at Work, Can I Receive Compensation?
You may know that if you are hurt at work, you can file a claim for workers’ compensation to cover your losses. What if you are injured on a break at work? Can you receive compensation then? The answer is that it depends significantly on the circumstances. The insurance company will likely deny your claim for compensation if you are hurt on the job, but there are times when it should apply.
At Gattuso & Ciotoli, PLLC, we help clients navigate these difficult situations. Set up a free consultation with our Syracuse workplace injury attorney for direct, specific help related to your needs.
There Are Times When Your Injuries May Be Covered
There are many instances in which your injuries sustained while on break at work may be covered by workers’ compensation.
It Was a Rest Break
While many workers’ compensation policies do not cover injuries that happen on larger lunch breaks, they may cover an injury that occurs during a rest break, which is typically a 15-minute break. This type of break typically means you are still on or near the work premises.
The Injury Happened on the Employer’s Property
If the injury occurred while you were on break at your employer’s workplace, it is likely to be covered. If you left to get lunch somewhere else, by contrast, it is not likely to be covered. Because you are still at work, your injury may be covered.
It Was a Working Lunch
Many people take lunch but are really still working. Suppose you went to a corporate meeting, for example, or you were enjoying lunch provided by the company to celebrate another employee’s anniversary. In that case, your injury may be covered in that situation.
You Were Performing Work-Related Duties
Another factor to keep in mind is what you were doing when the injury occurred. If you were on your break but still engaging in work-related duties, such as helping a customer with a package or finding something in the stockroom, your injury is likely covered. Your injury is still a workers’ compensation claim in this situation.
What to Do If You Are Not Sure
There are many situations where you may not be confident which option is best suited for your needs. When that happens, it is a good idea to fill out an accident report as if it were a compensation claim. Report the injury to your employer and get the medical care you need.
In cases of serious injury during a work break, we also recommend setting up a consultation with our attorney. You need to be sure your case is protected, and that means being aggressive from the start and ensuring your claim is handled properly.
If you were hurt while at work but on a break, reach out to our workers’ compensation attorneys now. At Gattuso & Ciotoli, PLLC, we work closely with our clients to ensure they are always given fair compensation and reliable legal representation for the losses they have incurred. Contact us now for a free consultation.