An employee likely cannot get workers’ compensation on their lunch if they are to sustain an injury off the clock. However, there are scenarios where this could become murky. It seems like a pretty straightforward scenario, but the answer may not be as simple as you might think.
What is Workers’ Comp?
Workers’ comp or workers’ compensation is an insurance policy that employers obtain as part of the requirements of operating a business. Most states require companies to have workers’ comp to protect employees that may be injured in the workplace or while performing official company functions.
Injured workers may be eligible for compensation if they suffer an injury under certain circumstances. They also can use the money they receive to pay for emergency medical treatment, long-term care at a hospital or home, and medications they may need. In some cases, the funds will also compensate for the income they lose while recovering from their injury.
Lunch Break Injuries
Are workers entitled to compensation if they suffer an injury on lunch break?
Most insurance firms automatically deny workers’ comp claims if the injury occurs during a lunch break. The rationale is that coverage only applies to injuries that occur while the employee is working “on the clock” or otherwise performing official company duties.
It brings up another question: Are employees still “employees” on their lunch break?
Employment laws in most jurisdictions are precise about what constitutes a “lunch break” for employees. It is typically a set period (usually an hour) that workers can use as they please.
Employees do not have to use meal breaks to eat lunch.
Some prefer to take a quick bite and spend the rest of the time on leisure activities running errands. Others may skip their meal altogether and sleep through the hour.
In any case, laws can be pretty specific about what employers can do concerning their employees during these periods. They can’t order their workers to do work, for instance, or ask for personal favors. In most cases, they can’t even discuss what work the employee needs to do when they return. Such is the sanctity of the lunch break as far as labor laws are concerned.
The flip side of this arrangement is that employers are no longer responsible for anything that happens to their workers on their lunch breaks. For employers and insurers, employees are accountable for their own health and safety.
A Case Study Involving a Lunch Time Injury
One example involves a social worker of OhioHealth Corporation’s hospice department. While on his lunch break, this employee fell, broke his wrist, and sustained a concussion outside a restaurant.
He filed a workers’ comp claim, but the district hearing officer that heard his case denied him. The Industrial Commission also refused to consider future appeals that the injured employee may make at the administrative level.
The employee later sought redress from a trial court, asserting that he was entitled to compensation. However, the court also denied his claim. They argued that the injuries didn’t occur “in the course and scope of his employment.”
Exceptions to the Rule
Courts will not strike down every incident that occurred during a lunch break. Employees may receive compensation for their injuries in the following situations:
The Incident Happened in the Break Room
Break rooms are considered part of the workplace. It means that any injuries that occur there are the employer’s responsibility.
A Coworker Caused the Injury
Employers are always responsible for the actions of their employees. Therefore, any injury caused by a coworker entitles the injured to compensation.
The Accident Occurred During a Job-Related Errand
Employees may be entitled to compensation if injured while performing errands for their employers, even during lunch breaks.
About InsureMyWorkComp
InsureMyWorkComp is a digital brokerage that helps clients find the right workers’ compensation solution for their business needs. Unlike other online platforms, we will help you to work with an agent who can provide you the right solution for your risk profile. Our staff has over 50 years of workers’ compensation underwriting and sales