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Woman at her deskIf you get hurt while at work, you might want to file a claim against the company's workers' compensation. However, what if the accident occurs while you are not in the middle of work, such as on your lunch break? Will workers' comp be able to help you?

When it comes to injuries sustained on break, workers’ compensation can become tricky. Sometimes, you will have coverage. Other times, you won’t.

Workers’ Comp and the Injuries it Covers

Workers' compensation helps supplement the income of employees who get hurt in the course of their duties. If you get hurt on the job, your employer might have to, by law, offer you this insurance. You'll be able to receive support while you recover from the accident, and often even after you go back to work.

The thing about workers' compensation is that not everyone can make a claim for every injury. In other words, you can't make a claim every time you get a paper cut, or every time your back hurts. You usually have to prove that you got hurt as a direct result of your working duties. Usually, it falls on the injured party to seek medical care and other resources to prove the claim.

Still, what qualifies as a working duty? If you get hurt while on your lunch break, you might not be working, after all. Yet, you might still want coverage.

Workers’ Compensation and Breaks

Workers' compensation insurers have various rules on how they award benefits related to break injuries. Here are a few outcomes you might expect:

  • If you stay onsite for lunch, such as eating at your desk or in a lunch room, then yes, you might be able to get workers' comp. By staying onsite, you remain accessible and available to the workplace. So, essentially, you still are still at work even though you might not actively be working.
  • If you leave the premises to eat, you probably won't be able to make a claim. You were entirely away from work at this time.
  • Those who go offsite on official like duties, like errands or working lunches, might qualify for workers' comp. You were doing your job when an accident occurred.

If you get hurt during your lunch break, it never hurts to ask your employer about workers' comp. They can direct you to the insurer, who can then help you through the process of filing the claim. A thorough investigation by the insurer and workers' comp authorities will determine if you can claim benefits. Always be upfront and honest about what happened.

Contact us to get Texas workers comp quote at 888.246.9291.

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