Content reviewed by:
Alex Shulman
Yes, you’re covered if you’re hurt during a work break under New York workers’ compensation laws. However, the work break must have transpired on your employer’s premises or while you were doing something reasonably incidental to your job.
At the same time, the amount of coverage available to you will depend on where you were and what you were doing at the time you were injured. For legal help with your case, don’t hesitate to contact a workers’ compensation lawyer in New York ASAP.
Are Workers Covered During Breaks in New York?
A common misconception about workers’ compensation is that coverage only applies when an employee is actively performing job duties. In reality, the answer is often more complicated. Whether you are covered during a break depends on several factors:
- Where the injury occurred
- What you were doing at the time
- Whether the activity was connected to your employment
In many cases, workers who are injured during authorized breaks may still qualify for workers’ compensation benefits. Insurance companies sometimes try to deny these claims by arguing that the employee was engaged in a personal activity rather than a work-related one.
However, New York workers’ compensation laws recognize that employees need breaks throughout the workday and that certain injuries occurring during those breaks may still arise out of and in the course of employment.
Because every situation is unique, it is important to have an attorney review the facts of your case before assuming you are not eligible for benefits.
What Types of Break-Time Injuries Are Covered?
Many different types of accidents can occur during a work break. An employee might slip and fall in a company cafeteria, or a construction worker could be injured while taking a lunch break in a designated area on the job site.
An office employee could trip on unsafe stairs while heading to a break room, while a transit worker might be hurt while using employer-provided facilities during a scheduled break. In these situations, workers’ compensation coverage might still apply.
This is because the employee remained on the employer‘s premises or was participating in an activity reasonably related to the workday. Even if the injury seems straightforward, employers and insurance companies sometimes dispute claims involving breaks.
Why Does the Location of the Break Matter?
One of the first questions attorneys often ask is where the injury occurred. Generally speaking, injuries that happen on an employer’s property are more likely to qualify for workers‘ compensation benefits than injuries that occur elsewhere.
If an employee is injured in a break room, cafeteria, parking lot, stairwell, hallway, or other area controlled by the employer, there may be a stronger argument that the injury arose in connection with employment.
Coverage may still exist in some circumstances, but insurance companies often scrutinize these cases more closely. This is one reason why it is important to speak with an attorney who understands how workers’ compensation laws are applied in real-world situations.
Can You Receive Benefits Even if You Continue Working?
Many injured workers mistakenly believe they must miss work in order to qualify for workers’ compensation benefits, but that is simply not true. Depending on the circumstances, you might get to keep working while still receiving certain workers‘ comp benefits.
For example, medical treatment related to a workplace injury may be covered even if the worker does not lose time from work. Some employees also continue working with restrictions or modified duties while receiving benefits.
What Benefits Are Available After a Break-Time Injury?
Workers’ compensation benefits can provide important financial support after a workplace injury. Depending on the circumstances, available benefits may include payment for medical treatment related to the injury.
This can include doctor visits, diagnostic testing, surgeries, physical therapy, medications, and other necessary care. Workers who are unable to perform their jobs because of their injuries may also qualify for wage replacement benefits.
In cases involving permanent impairments, additional benefits may be available. The exact benefits depend on the nature of the injury and its impact on the worker’s ability to earn a living. An attorney can help ensure all available benefits are properly pursued.
What Happens if Your Claim Is Denied?
Unfortunately, workers‘ compensation claims are not always approved automatically. Insurance companies may argue that the injury occurred during a personal activity. They may claim the accident did not arise out of employment.
In some situations, they may even dispute the severity of the injury itself. A denial does not necessarily mean the end of the case. Many denied claims can be appealed, and additional evidence may be used to support the worker’s position.
Witness statements, surveillance footage, medical records, incident reports, and employment records can all play important roles in proving eligibility. An attorney can identify weaknesses in the insurance company’s position and advocate for the benefits the injured worker deserves.
Call Shulman & Hill ASAP to Learn if You’re Covered If You’re Hurt During a Work Break
If you’re concerned about whether or not you’re covered after getting hurt during a work break, don’t hesitate to call the office of Shulman & Hill today. We know that workers in your position are often worried that they’re automatically disqualified from receiving workers’ comp benefits.
While it’s common for both employers and insurance companies alike to refrain from offering clear answers and detailed information, we can help you figure out your legal options. As a law firm founded in 2013, our lawyers can start by reviewing the circumstances of the accident.
From there, we’ll determine if workers’ compensation coverage applies, identify all claims that exist, and fight for the benefits you deserve. We’ve recovered more than $1 billion on behalf of more than 26,000 clients. With over 200 years of combined experience, New York, We Got You.
