Work Injury Compensation Lawyer
Workers’ comp is designed to provide compensation for any worker that was injured while on the job. This may seem like a simple concept, and for the most part workers’ comp is quite simple, but there are a few situations that complicate things. For instance, many people have no idea whether or not workers’ comp applies to injuries that were sustained while on break. This guide will explain the answer to this question, as well as everything you need to know about break-time injuries. Remember, if you have any questions, you should speak to a workers’ comp lawyer to get information specific to the state you work in.
Injuries While on Break
There are two primary requirements for an injury to be covered by workers’ comp:
- The injury must be a result of work-related activities.
- The injury must happen while on the clock.
Unfortunately, this second requirement means that any injury sustained while working is most likely ineligible for compensation through your job’s workers’ comp program. For this reason, it is incredibly dangerous and irresponsible to perform any job-related activities while on break. You should always only perform work while actually being paid to do so, especially when there is a risk of injury. However, even when there is seemingly no risk of injury, it is still a good precaution to avoid doing work while on break.
What You Can Do
So if workers’ comp does not cover you for break-time injuries, what should you do after suffering this type of injury? You have a few options, and the one you pick will depend on the circumstances surrounding your injury. If your injury was the result of someone else’ actions, then you can probably receive compensation from that individual. If they refuse to pay for your medical expenses, you can file a lawsuit against them. Injuries caused by third parties, that is, individuals who are not co-workers or your employer, are actually not covered by workers’ comp even when you are not on break. This means a lawsuit is the standard approach in these cases no matter what.
If you are the one who caused the break-time injury, then your best bet will be to go through your own health insurance policy. Under normal circumstances, insurance companies refuse to cover injuries when workers’ comp is an eligible option, but it may be your only option if you were on break at the time. If you are ever unable to receive the compensation you need, you should hire a Fort Lauderdale work injury compensation lawyer.
Thanks to the Law Offices of Franks, Koenig & Neuwelt for their insight into workers compensation claims and injuries while on break.