[{"@context":"http:\/\/schema.org","@type":"BlogPosting","datePublished":"2023-02-07","wordCount":545,"url":"https:\/\/www.puttingpeoplefirst.law\/blog\/am-i-eligible-for-workers-compensation-if-i-was-injured-while-on-break\/","mainEntityOfPage":"https:\/\/www.puttingpeoplefirst.law\/blog\/am-i-eligible-for-workers-compensation-if-i-was-injured-while-on-break\/","description":"Injuries at work can happen anytime, including when employees are taking breaks. If you got hurt on the job during a break, you might wonder whether you are eligible for workers\u2019 compensation in Georgia. The answer largely depends on when and where the incident occurs. Workers\u2019 compensation is Georgia\u2019s system...","name":"Am I Eligible for Workers\u2019 Compensation if I Was Injured While on Break?","headline":"Am I Eligible for Workers\u2019 Compensation if I Was Injured While on Break?","articleBody":"Injuries at work can happen anytime, including when employees are taking breaks. If you got hurt on the job during a break, you might wonder whether you are eligible for workers\u2019 compensation in Georgia. The answer largely depends on when and where the incident occurs.Workers\u2019 compensation is Georgia\u2019s system for supporting employees who suffer work-related injuries or develop occupational illnesses. Nearly all workers receive workers\u2019 compensation coverage if they sustain the injury while performing duties within the course and scope of employment. Does break time count? The Law Offices of William F. Underwood, III, P.C. explains more below.Can I Receive Workers\u2019 Comp Benefits if I Got Hurt While on a Break?According to the State Board of Workers\u2019 Compensation (SBWC), workers\u2019 compensation covers employees who are injured while performing assigned job duties during designated job hours. If an employee gets hurt in the middle of a short, unscheduled break, such as a trip to the bathroom or breakroom, the employee likely qualifies for workers\u2019 comp.However, the SBWC says employees who suffer injuries while \u201cengaging in unassigned duties, during lunch and breaks, are not covered.\u201d In other words, workers\u2019 comp generally does not apply to injuries that occur during scheduled breaks. Furthermore, workers\u2019 comp generally does not apply to injuries that occur off company property, such as while employees are commuting to and from work.However, the Supreme Court of Georgia recently ruled that, depending on the circumstances, a workplace injury that occurs during a scheduled break should not automatically be denied for workers\u2019 comp. In Frett v. State Farm Employee Workers\u2019 Compensation, an injured employee was preparing to eat lunch in the company breakroom when she slipped and fell. The court held that because this activity was incidental to her job, the injury occurred during her employment.Because workers\u2019 comp laws can be complex, you should contact an attorney immediately to determine whether your injury is covered.Can You Sue Your Employer for a Lunch Break Injury?Generally, employees cannot sue employers who carry workers\u2019 compensation insurance. Workers\u2019 compensation is meant to be the sole remedy for injured workers in Georgia. Because employees are responsible for their safety during scheduled breaks, workers\u2019 compensation usually does not cover injuries during lunch breaks. However, there are some circumstances, such as those in Frett, in which workers\u2019 compensation may cover injuries that occur during a lunch break.To determine whether you can sue your employer for a lunch break injury, speak to an experienced workers\u2019 compensation attorney.Do I Need to Hire a Workers\u2019 Compensation Attorney?Workers\u2019 comp laws are complicated. A lawyer with a thorough understanding of the intricacies of the law can help review your case and evaluate whether workers\u2019 comp covers your injury. If they determine you do, they can handle the filing process on your behalf and any conflicts with the insurance company, giving you valuable peace of mind during an otherwise challenging time.Contact a Workers\u2019 Compensation Lawyer from the Law Offices of William F. Underwood, III, P.C.Attorney William F. Underwood, III and his team are ready to defend your rights if you sustain an injury at work. Call today or visit our contact page for a free consultation with an Albany, GA workers\u2019 compensation lawyer.","dateModified":"2023-02-27","author":{"@type":"Person","image":{"@type":"ImageObject","url":"https:\/\/secure.gravatar.com\/avatar\/dd9950fc740b2abd2fc268264d7c845d?s=96&d=mm&r=g","height":96,"width":96,"@id":"https:\/\/secure.gravatar.com\/avatar\/dd9950fc740b2abd2fc268264d7c845d?s=96&d=mm&r=g"},"url":"https:\/\/www.puttingpeoplefirst.law\/blog\/author\/puttingpeoplefirst\/","name":"Law Offices of William F. Underwood, III, P.C.","@id":"https:\/\/www.puttingpeoplefirst.law\/blog\/author\/puttingpeoplefirst\/#Person"},"publisher":{"@type":"Organization","logo":{"@type":"ImageObject","url":"https:\/\/www.puttingpeoplefirst.law\/wp-content\/uploads\/2021\/09\/William-F-Underwood-Logo.png","height":96,"width":448,"@id":"https:\/\/www.puttingpeoplefirst.law\/wp-content\/uploads\/2021\/09\/William-F-Underwood-Logo.png"},"name":"Law Offices of William F. 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