When a worker is injured during the course of his or her employment, he or she is generally covered by the workers’ compensation system. However, injuries that occur during lunch breaks are more complicated. There are certain situations where injured workers may still be eligible to receive benefits.
Our West Palm Beach workers’ compensation lawyers at Gordon & Partners discuss when injuries may be covered and why the location where the injury happened can have an important impact on your claim. If you need assistance obtaining benefits, schedule a free consultation today.
When Injuries May Be Covered
For a work injury to be covered by Florida’s workers’ compensation, it must have happened during the course of employment and he or she must have been acting within the scope of his or her employment. This means that injuries that happen away from the work premises while on lunch are not usually covered.
However, there are certain scenarios in which it may be covered. This includes the following:
- The injury happened on a rest break – If you were eating while on a rest break, many previsions that would exclude injuries during lunch breaks would not apply. For instance, a worker uses his or her 15-minute break to eat something and gets harmed in that time. The length of the break requires the employee to stay on or near the work premises, so the injury could be covered.
- You were on your employer’s premises – If the injury happened while on your employer’s premises, it should be covered by workers’ compensation. For instance, a worker is injured while on eating food in the parking lot. He or she is still on the property at the time of harm.
- The accident happened while at the request of your employer – If you performed an activity at the request of your employer, you may be able to qualify for benefits. This could include acting in your employer’s interests during your lunch to pick up supplies or grab food for your boss.
- The injury occurred during a working lunch – You may be compensated if you were conducting work business while on lunch, such as attending a company meeting where food is given or eating lunch given by your employee for a birthday, anniversary, or some other celebration.
Why Location of Injury is Important
The location where you took a lunch break can also have an important impact on your claim. Based on federal guidelines established by the Occupational Safety and Health Administration (OSHA), an injury is only deemed work-related if it occurred within the work environment.
A work environment is a location where more than one employee is working in during the course of his or her workday as a condition of his or her employment. If you were harmed away from the jobsite, the injury will not be considered within the work environment and therefore, not likely covered by workers’ compensation.
Get Legal Help Today
If you were injured during a lunch break, Our legal team is prepared to review your situation and evaluate your potential legal options in a free, no-obligation consultation.
Should you have a viable claim, we are prepared to investigate the connection between your work injury and your employment.
Our lawyers are standing by to take your call. There is no risk in calling us and you are under no obligation to move forward. We only receive payment for our services if we help you win.
Learn more about your rights by calling 1 (855) 722-2552.