Will Workers’ Comp Cover Your Accident That Occurred at Lunch?

 Posted on April 18, 2017 in Workers' Compensation

Sometimes accidents happen during your workday when you are not “on the clock.” In these cases, an employee’s claim under workers’ comp may be denied by the employer’s workers’ comp insurance.

However, a claim denial is not the final word on whether there is coverage as these cases can present issues of coverage that may be difficult to decide. In these borderline cases, we advise that you have your claim reviewed by an attorney who practices in workers’ comp to determine whether you should be covered.

About Workers’ Compensation

The workers’ comp system is meant to provide workers with the assurance that their injuries sustained at work will be treated and to provide employers the assurance that the injury compensation will be limited.

Thus, in workers’ comp, employees need not prove fault on the part of the employer, but employees are not allowed to recover for pain and suffering. Employees can only recover the cost of their medical treatment and lost wages. Importantly, employees must prove that the injury occurred in the course and scope of their employment in order to be covered by workers’ comp.

The Course and Scope Requirement

The requirement that the accident occurred in the course and scope of employment will likely be challenged in cases where the employee was injured at lunch or on break. It is common for workplace activity to overlap with personal activities.

This issue is fact-specific and should be thoroughly reviewed by a competent attorney. However, there are several well-recognized instances when a lunch break accident would fall under workers’ comp:

1. You were completing a task for your employer on your lunch break. Perhaps you were picking up lunch for the office or running an errand for your boss on your way back from work;

2. You were exposed to a workplace hazard that the general public is not exposed to. For example, if you slipped and fell on a surface in your office break room or directly outside the doors of your workplace, workers’ comp may apply; or

3. You are considered a traveling employee.  

Contact a Bloomingdale, IL Workers’ Comp Lawyer

If you have been denied workers’ comp benefits, it may be helpful for an attorney to review your case. Call the knowledgeable Bloomingdale, IL workers’ comp attorney at the Law Offices of David W. Clark, P.C. at 630-665-5678 to have your questions about your case answered.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68