You had a rough day at work, and you wanted to get away from your desk for just a few minutes. So, you decided to take a quick break, either in the washroom, outside smoking, on a short walk or simply taking a few minutes away from your desk. However, you ended up having an accident and getting injured while on break.
This article will explain if workers’ compensation benefits are available if you are injured while on break as well as provide other options for obtaining coverage for injuries not related to your job duties.
Are Injuries During Breaks Covered?
The answer to whether or not workers’ compensation benefits are available when an employee is injured while on break depends on the circumstances of the accident. Generally speaking, if the break was taken during regular working hours and the injury happened while still at the workplace or in a location that was connected to their employment, then yes, workers’ compensation benefits will be available.
This is because this type of work injury falls under the comfort rule and personal convenience doctrine. This doctrine states that activities during the workday that are important for your health and comfort are considered “part of the ‘circumstances’ element of the course of employment.” in other words, the chances are good that such injuries would be covered by workman’s comp.
Still, it depends on state law and the facts of the case. It is then important to review the individual state laws and speak with a lawyer for exact details about what is covered.
How Do You Determine Whether or Not the Comfort Rule Applies to Your Work Injury?
Several factors can be considered, including:
- The duration of the break period;
- Whether or not the employee is paid during the break period;
- Whether or not the employer provides a place for employees to take breaks, including where vending facilities are located;
- Whether or not the employer permits off-premises breaks; and
- The proximity of the employment site to the off-premises location where the employee was injured.
Do You Need a Witness or Report to File for Benefits After Being Injured on a Break?
If you were injured while on break, you can file for workers’ compensation benefits. However, in order to do so successfully, it’s important that you are able to provide sufficient evidence of your injury. Depending on the circumstances and laws of your state, this might require having a witness or submitting a report about the incident.
If there was another employee who saw your injury occur, having them attest to the details is an invaluable asset when filing a claim. Otherwise, self-reporting or getting a medical professional to write up a detailed report detailing exactly what happened is usually necessary as well. Think of it like providing physical proof of an illness – without tangible evidence, it all comes down to subjective opinion as to whether or not you actually were hurt while taking a break. Having these pieces makes your case much easier if there is any question as to whether or not you deserve compensation.
Can You Be Denied Coverage for Injury Sustained During Your Break?
Yes. Depending on the specific circumstances of your injury, you can be denied coverage for an injury that you sustained during a break. If the activity that caused your injury was not work-related or does not fall within the scope of activities normally provided by an employer, it may be excluded from coverage under workers’ compensation laws. For example, if you were playing football on your lunch break and suffered an injury as a result, this would typically be denied as it is not in line with regular workplace activities.
In addition to this, if you engage in any illegal activity while on break (such as engaging in a fight), then you could also potentially be denied coverage for any injuries that occurred as a result of this activity. As such, it is important to familiarize yourself with your employer’s policies regarding breaks and ensure that all activities conducted during this time are appropriate and legal – otherwise, you risk severely limiting the possibility of claiming workers’ compensation benefits after sustaining an injury.
