Workers’ compensation coverage is a complicated matter. The complexities lead to questions about the validity of a claim. Depending on the circumstances, an insurance company may try to deny an injury claim to avoid paying benefits. One situation that may cause concern is if an employee is injured while he is on his lunch break. Is he covered by workers’ comp insurance? If you are injured at lunch, you may still be entitled to receive benefits.
The Rule If You Are Injured At Lunch
For an injury to be compensated and covered by Florida Workers’ Compensation, it must occur during the course of employment and the employee must have been acting within the scope of employment. While many people take their lunch break and are not involved in employment duties during this time, there are exceptions to the rule.
In some cases, employees have been compensated for an injury which occurs during a lunch break. In these instances, the employee was most likely conducting work business while on his or her lunch break. Some people refer to this as a “working lunch.” For example, your employer asked you to stop by the business’s other location to pick something up while you are on your lunch break. If you are injured while you are running this errand for your employer, you should report the injury and file a workers’ compensation claim. You may be entitled to receive benefits even though you were on your lunch break when the injury occurred.
When a workers’ comp claim involves an injury that occurred during a lunch break or other break in the course of a workday, the judge looks at the circumstances involved to determine if the employee was within the scope of employment at the time of the injury. Each case is handled differently based on the law regarding the course and scope of employment and how it applies to the case at hand.
Do You Need to Hire a Boca Raton Workers’ Comp Attorney?
As with other injury cases, workers’ compensation insurance companies look for ways to limit benefits and deny claims. One small mistake can delay benefits or result in a denial of your claim. Many times, the adjuster looks for evidence to prove that an injury is not compensable to avoid paying for medical expenses, loss of wages, and other benefits. Because lunch breaks can be a grey area under Florida’s workers’ compensation laws, it’s important for an injured employee to consult with a Boca Raton workers’ compensation lawyer who understands workers’ compensation law in Florida.
An experienced attorney reviews the facts of the case and researches statutes and case law to find specific laws and legal precedence to prove the validity of the claim. Our Boca Raton workers’ comp lawyers fight for your right to receive compensation for a workplace injury. Don’t try to fight the insurance company on your own — work with an attorney who will look out for your best interests.
Call a Boca Raton Workers’ Comp Law Firm
The Broderick Law Firm, P.L. offers free legal consultations and free case evaluations for injured workers. Contact our office by calling 1-800-333-3903 to speak with an attorney.