Do I have to actually be working when I’m injured in order to qualify for workers’ compensation benefits? What if I’m injured during my lunch break?
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UPDATED: Jul 13, 2023
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UPDATED: Jul 13, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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In order to collect workers compensation benefits, you must prove that your injury or illness arose as a direct result of performing required job duties, or as a direct result of your employment relationship. You do not need to prove that your employer was negligent or careless in any way in order to collect workers comp benefits, and even your own negligence won’t disqualify you as long as your behavior did not violate company policy. However, you do need to have been working. This means that injuries that occur on a lunch break are generally not going to qualify you for workers compensation benefits except in special circumstances.
Job-Related Injuries
While you must be working when you are injured in order to collect workers compensation benefits, you do not necessarily need to have suffered the injury at the normal location where you work. For instance, if you normally work at an office but you suffer an injury when you are sent to check out a new construction site for the company, this will not disqualify you from making a claim.
The essential test of whether your injury will be covered is whether it is job related and whether it was required or essential for your job. For example, your injury should be covered if you are injured while traveling on business. Injuries incurred while doing a work-related errand, like getting coffee for your boss, should also be covered by workers comp.
Even attending a required business-related social function, like playing flag football at a company-sponsored picnic, may be covered if you had to go to the picnic or if going to the picnic was important for advancing in your job. However, if you deviate from your job when doing these tasks, like stopping for lunch on the way back from that company picnic, then you generally are not going to be considered to have suffered a work injury if you are hurt during this non-work task.
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Injuries That Are Not Covered
While workers compensation is designed to provide extensive protection to employees, as mentioned, there are some exceptions to the types of injuries that will be included. For example, in general, you will not be covered for injuries sustained while traveling to or from work.
Injuries during your lunch break are also not covered injuries unless, for example, you’re “on-call” during your lunch break or on a business lunch. Injuries you suffer while playing a basketball game with your work friends on your day off or attending voluntary party outside of work with your co-workers or boss that had no bearing on your job may also not entitle you to workers compensation benefits.
Case Studies: Workers’ Compensation and Job-Related Injuries
Case Study 1: Injury at a Construction Site
John, an office employee, was sent by his company to inspect a new construction site. While at the site, he suffered an injury due to a fall.
Despite the location being different from his normal workplace, John’s injury qualifies him for workers’ compensation benefits since it was job-related and required for his employment.
Case Study 2: Work-Related Errands
Sarah, a marketing assistant, was injured in a car accident while running a work-related errand to deliver important documents to a client.
The injury she sustained during the errand makes her eligible for workers’ compensation benefits since the task was essential for her job and directly related to her employment.
Case Study 3: Company-Sponsored Picnic
Mike, an employee, attended a company-sponsored picnic where a flag football game was organized.
During the game, he suffered an injury. Since attending the picnic and participating in the game were required and important for advancing in his job, Mike’s injury is covered under workers’ compensation.
However, if he had deviated from his job responsibilities, such as stopping for lunch on the way back from the picnic, the injury would not be considered work-related.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.