Workers’ Compensation and "Off-the-Clock" Injuries

 Posted on September 13, 2021 in Workers' Compensation

When an employee is injured while on the clock while performing their job duties, they usually have a clear-cut case for workers’ compensation. But what about employees who are injured on company property or while on work-related travel, but not actively performing their job duties? The good news is that in some cases, employees may be entitled to receive workers’ compensation for injuries that happened “off the clock.” If you were injured on company premises, or while traveling for work, contacting an attorney is a smart move. Workers’ compensation claims for off-the-clock injuries are often wrongfully denied - involving an experienced attorney from the start gives you the best chance of receiving the workers’ compensation you deserve.

When Can I Get Workers’ Compensation if I Was Hurt on Company Premises?

Just because you were not actively working when you were injured does not mean you are not eligible for workers’ compensation. You may be eligible for workers’ compensation if you were injured:

• In employee parking - If your employer maintains a parking area at your workplace and you are injured while entering or leaving, you may be eligible for workers’ compensation. Common causes of injuries in employee parking areas include falls due to holes in the pavement or other tripping hazards and even some car accidents. However, if you parked in an area that your employer does not control, such as a public parking garage, you will not be eligible for workers’ compensation.
• While on break - If an unsafe condition in a break room or cafeteria caused your injury, you may be eligible for workers’ compensation even though you were not technically working. For example, if a break room appliance was leaking and you slipped and fell in the puddle, you are probably covered.
• On the premises before or after your shift - If you were injured while entering or leaving your workplace, you may be covered even if you were not on the clock. In large workplaces, such as factories or hospitals, employees are sometimes injured while walking through the facility on the way to or from their particular workstation. For example, a factory worker may be injured when machinery placed dangerously close to a walkway catches his sleeve.

Can I Get Workers’ Compensation if I Was Hurt During Business Travel?

In many cases, yes. Workers’ compensation covers a range of injuries that occur during business travel. Because you would not have been traveling in the first place if your employer had not sent you, you could receive workers’ compensation even if you were not actively engaged in a work-related activity while traveling. This can include injuries that occurred while traveling, in your hotel room, or in some cases, during an excursion such as local sightseeing.

Contact an Illinois Workers’ Compensation Lawyer

If you have been injured at your workplace - on or off the clock - or while traveling for work, an attorney may be able to help. Contact a DuPage county workers’ compensation lawyer today to find out whether you have a workers’ compensation claim. Call the Law Offices of David W. Clark, P.C., at 630-665-5678 for a free consultation.

Source:

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