This is actually a lot more common then most people think, people injured in a workplace accident while on a break at work. Are they still allowed to make a work accident compensation claim? There are many factors that will come into play here on whether a claim like this is allowed.
For the record, I am not an attorney and this is for discussion and information only. If you get injured while on the job, always make a report whether you think it is covered or not.
Much of what will be covered here depends a great deal on where you live and work. The local laws on work place injuries vary from place to place and the local law will, in most cases, prevail.
That Being Said What Are The Points To Consider
- The company that you work for, do they have a area that is designated for breaks and were you in that area if they do have one?
- Was this an impromptu break or is this break something that happens every day when you are at work such as a union required type of break?
- How were you injured and exactly what were you doing? Did you have a slip and fall accident on a wet floor or did you trip over something on an uneven surface? Or were you and one of your friends playing around and that caused a fall or injury?
- How serious is the injury and how much time off work, if any, was needed?
- Was the injury serious enough to warrant disability?
- Does the company have any policies that you were violating such as sneaking a smoke in a non-smoking area?
- Are there any witnesses, that are not your friends that can validate your story that you were following the rules?
- How long did it take you to report the accident and if you didn’t report it right away, why not?
In many areas around the world none of these questions will matter because in some areas there is a broad interpretation of work accident claim rules. And in many other places, there is a completely different approach to this type of thing and workers are required to follow a more stringent set of rules as far as making a claim. You probably know how things like this are handled in your area.
No matter how things like this are handled in your area, you will always want to report any accident, on break or not, to you supervisor or responsible person. By doing that you may be eligible to make a work accident compensation claim.
This article is meant for informational purposes and is not intended as legal, medical or insurance advice. Please consult with a legal, medical or insurance professional for the appropriate advice.