If you are an employee and your break happens while on the property of the business, there is a very high possibility you will be able to get workers’ compensation if you are injured while you are on a break or while you eat lunch. In such situations, workers tend to think that this is not a possibility. In reality, all you have to do is contact workers compensation attorneys in Wilkesbarre and they will build your claim for you.
The problem is that when you are injured when you do work, it is very easy to know that you will receive compensation benefits. This is not so visible when you are on break. Such things are not covered by company training packets and your answers might only be answered after a discussion with your attorney.
The Liability Of The Employer
Most of the packages for workers’ compensation insurance do stipulate that employees have to be injured as they are performing work duties or while they are on the job. Basically, this means that the compensation claim will most likely be denied by the insurance provider.
For compensation claims, you need to understand liability. Doing a job might overlap with some personal activities. This is very common in remote work situations and even during breaks. The overlap can make the entire compensation very complicated. Unfortunately, liability stands out as being very vague when faced with situations like laborers present in parking lots, doing some activities that were not scheduled, or commuting to work.
In many states, there are extra stipulations in place that dictate that the worker just needs to be performing an assigned job task. This means that if an injury happens, it does not matter where it happens. However, this is often argued by attorneys in disputes that involve injuries in situations like taking a break.
Past Legal Results
You are allowed to have a lunch break. If you are injured during this break, like when you want to buy a drink or food, it is possible that you are not going to be covered by workers’ compensation. In fact, many courts did deny claims for medical treatment that involved individuals at lunch or on a break.
Since you surely do not want to be denied, the best thing that you can do is to stay quiet. Try to limit how much you talk about what happened, especially with insurance adjusters that contact you after being injured.
The best thing you can do is to find a highly experienced workers’ compensation attorney. He will be able to review your case and gather the evidence you can use to prove that your claim is valid. Do not underestimate how difficult this can be, especially when you are injured outside of the property owned or leased by the employer.
Your attorney will build the claim for you and can easily tell you if you have a case or not. Also, you do have someone to do all the legal work for you while you treat your injuries, which is always great.
