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Can I get workers’ comp for an injury that happens during break?

On Behalf of Ellis Law Offices LLP | Mar 26, 2024 | Workplace Accidents And Workers' Compensation

Workers’ compensation is a system designed to provide benefits to employees who sustain injuries or become ill due to their jobs. It typically covers medical expenses, lost wages and rehabilitation costs.

However, there may be confusion about whether injuries sustained during breaks or lunchtime are eligible for workers’ compensation.

On-the-job breaks and injuries

When you are on a break at work, whether for lunch or a short rest period, you are still considered to be within the scope of your employment. This means that if you experience an accident during this time, you may be eligible for workers’ compensation benefits. For example, if you slip and fall while walking to the break room, you could potentially qualify for workers’ comp.

Key factors in determining eligibility

Several factors come into play when determining whether an injury sustained during a break qualifies for workers’ compensation. Massachusetts workers’ compensation law specifies that injuries must occur during the course of employment or suffered from work-related mental or emotional disabilities to qualify for workers’ comp. An injury that meets these criteria is valid grounds for filing a claim, even if it happens during a break.

Not all injuries are eligible

Keep in mind that not all injuries sustained during breaks are eligible for workers’ compensation. If you are knowingly behaving recklessly, resulting in an injury, your benefits might not cover the damages. Additionally, injuries that occur off the employer’s premises or while engaged in purely personal activities during a break are generally not eligible for workers’ comp.

Injuries sustained during breaks at work can be eligible for workers’ compensation benefits if they meet certain criteria. If you are unsure about whether your injury qualifies for workers’ comp, it is advisable to consult with your employer or human resources representative for guidance.

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Ellis Law Offices LLP Massachusetts Personal Injury Lawyers

Worcester Office

33 Pleasant Street Suite 2
Worcester, MA 01609

Phone: 508-762-4334
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