No employee expects to sustain an injury during their lunch break. When it happens, it is natural to wonder if workers’ compensation covers such injuries. The answer typically depends on factors, including where the accident occurred and what you were doing at the time.
North Carolina’s workers’ compensation laws recognize that the line between work and personal time can blur during lunch breaks. The critical factor is determining if the injury was within the “course and scope” of the employment.
The specific details of your situation matter greatly
Several factors determine if workers’ compensation will cover your lunch break injury:
- Where did the injury happen? Injuries in the workplace, like the breakroom, are more likely to qualify for workers’ comp than injuries off-site.
- What were you doing at the time of the accident? Tripping on a loose rug in the breakroom differs from getting into a car accident on the way back from a restaurant.
- Was your break indeed a break? Your injury might fall under workers’ comp if someone asked you to perform a quick work-related task during lunch.
The “personal comfort” doctrine may support many lunch break injury claims. This doctrine recognizes that employees need to eat, drink, and take care of personal needs during the workday. Activities related to these needs often qualify as part of the employment.
It is crucial to note that not all lunch break injuries might be valid for workers’ compensation, such as if you leave the work premises for purely personal reasons and suffer from an injury during that period.
If you can show that the injury was related to your employment, you may receive workers’ comp benefits. This compensation should alleviate the stress of medical bills, income disruption and other losses due to your injury.
Secure the support you need
In most cases, your employer’s insurance company might argue that your injury was not work-related. They may scrutinize your actions leading up to the incident or question the severity of your injury.
Do not let an insurance company’s denial be the final word. When struggling to recover the compensation you deserve, using the experience of a seasoned attorney can be advantageous for your road to healing.