Ruben Limonjyan | December 12, 2022 | Workers Compensation
Can You Get Workers’ Comp If You Were Injured During Lunch?
Most insurance companies provide coverage for job-related injuries or illnesses. For example, if you were injured during your lunch break at work, you might face challenges seeking compensation. Many insurance companies would want to reject a workers’ comp claim due to a lunch break injury.
However, you can still pursue workers’ compensation benefits even if you were hurt during lunch. It all depends on the circumstances surrounding your accident. An experienced workers’ compensation lawyer can give you the legal advice and guidance you need to navigate your case.
Are You Considered An Employee While On Your Lunch Break?
Under California employment law, lunch breaks are reserved explicitly for workers to take lunch. But they can still use the time in whichever way they please. Employers are not expected to ask workers to do any job while off the clock. This means that your boss does not control what you do while you are on lunch break. This also means that you are responsible for your safety and health.
If you were injured during a lunch break, an important question is: Were you engaged in personal activities, or were your errands in the course of employment? There are some exceptions, though.
Important Exceptions That May Apply
You could file a workers’ compensation if you were injured during lunch and:
- You were running work-related errands: If your employer sends you to complete a work-related errand while off the clock, you will have a course to file for a workers’ compensation claim. Examples of job-related errands may include making a bank deposit, purchasing supplies, or collecting a food order.
- You were in the breakroom: All workplace premises, including the breakroom, are your employer’s duty to maintain. If you get hurt in the breakroom due to an unnoticed hazard, you should be able to file for workers’ compensation benefits.
- Another employee caused your injuries: If you were injured during lunch in an accident caused by a coworker, you are entitled to workers’ compensation benefits.
Can You Sue Your Employer For a Lunch Break Injury?
Yes, you can sue your employer for a lunch break injury. If your boss or their insurer dismisses your workers’ compensation claim for an injury sustained during a lunch break, you are within your rights to file a lawsuit.
With a personal injury lawsuit, you could obtain even more significant compensation benefits than you would secure in a regular workers’ compensation claim.
Contact a Workers’ Compensation Lawyer Today
If you need the service of a workers’ compensation lawyer, Limonjyan Law Group can help. Our attorneys will evaluate your situation to help establish whether your lunch break injury should be covered under your employer’s insurance.