Injuries at work can happen anytime, including when employees are taking breaks. If you got hurt on the job during a break, you might wonder whether you are eligible for workers’ compensation in Georgia. The answer largely depends on when and where the incident occurs.
Workers’ compensation is Georgia’s system for supporting employees who suffer work-related injuries or develop occupational illnesses. Nearly all workers receive workers’ compensation coverage if they sustain the injury while performing duties within the course and scope of employment. Does break time count? The Law Offices of William F. Underwood, III, P.C. explains more below.
Can I Receive Workers’ Comp Benefits if I Got Hurt While on a Break?
According to the State Board of Workers’ Compensation (SBWC), workers’ compensation covers employees who are injured while performing assigned job duties during designated job hours. If an employee gets hurt in the middle of a short, unscheduled break, such as a trip to the bathroom or breakroom, the employee likely qualifies for workers’ comp.
However, the SBWC says employees who suffer injuries while “engaging in unassigned duties, during lunch and breaks, are not covered.” In other words, workers’ comp generally does not apply to injuries that occur during scheduled breaks. Furthermore, workers’ comp generally does not apply to injuries that occur off company property, such as while employees are commuting to and from work.
However, the Supreme Court of Georgia recently ruled that, depending on the circumstances, a workplace injury that occurs during a scheduled break should not automatically be denied for workers’ comp. In Frett v. State Farm Employee Workers’ Compensation, an injured employee was preparing to eat lunch in the company breakroom when she slipped and fell. The court held that because this activity was incidental to her job, the injury occurred during her employment.
Because workers’ comp laws can be complex, you should contact an attorney immediately to determine whether your injury is covered.
Can You Sue Your Employer for a Lunch Break Injury?
Generally, employees cannot sue employers who carry workers’ compensation insurance. Workers’ compensation is meant to be the sole remedy for injured workers in Georgia. Because employees are responsible for their safety during scheduled breaks, workers’ compensation usually does not cover injuries during lunch breaks. However, there are some circumstances, such as those in Frett, in which workers’ compensation may cover injuries that occur during a lunch break.
To determine whether you can sue your employer for a lunch break injury, speak to an experienced workers’ compensation attorney.
Do I Need to Hire a Workers’ Compensation Attorney?
Workers’ comp laws are complicated. A lawyer with a thorough understanding of the intricacies of the law can help review your case and evaluate whether workers’ comp covers your injury. If they determine you do, they can handle the filing process on your behalf and any conflicts with the insurance company, giving you valuable peace of mind during an otherwise challenging time.
Contact a Workers’ Compensation Lawyer from the Law Offices of William F. Underwood, III, P.C.
Attorney William F. Underwood, III and his team are ready to defend your rights if you sustain an injury at work. Call today or visit our contact page for a free consultation with an Albany, GA workers’ compensation lawyer.
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