Workers’ Comp is supposed to cover any work-related injuries. Your lunch break is often a required part of your work, so shouldn’t injuries that happen during lunch be included under the umbrella of “work-related” injuries? In many cases, it isn’t that simple.
Injuries are considered “work-related” and covered under Workers’ Comp if they happened in the course of your work duties. Lunch is usually not considered a work duty, but working through lunch or attending a lunch meeting would be work-related. Additionally, injuries on company property or caused by work-related accidents while you happen to be eating lunch should still be considered work-related and covered.
Call the Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law at (267) 651-7945 for help with the specifics of your case.
Definition of “Work-Related” for Workers’ Comp Coverage
For an injury to be covered under Workers’ Comp, it needs to be “work-related.” This typically means that when the injury occurred, you were carrying out the interests of your employer, following their instructions, or on company property.
It certainly tracks that your employer might have an interest in you getting a lunch break, but this “interests of your employer” analysis typically covers things like…
- Actively making money for your employer
- Actively carrying out your employer’s instructions
- Staying nearby so you can be on demand, such as having lunch in the office or in a break room
- Being “on call.”
Injuries During Off-Premises Lunch Breaks
If your lunch break takes you away from your workplace, and you are totally on your own and “outside of work” during that time, then injuries might not count as “work-related” at all. Even though your boss might be required to give you a lunch break during the day, a required break off campus and away from work tasks could be your own personal time.
When Lunch Breaks Are “Work-Related” for Workers’ Comp
On the other hand, many lunch breaks would still be within the scope of your work or would otherwise be serving your employer’s interests. This means that injuries during these kinds of lunch breaks can and should be covered under Workers’ Comp:
Lunch Meetings
If you are having a meeting during your lunch break, you are actively doing your job during lunch. This means this “break” isn’t really a break at all, and injuries should count as work-related.
Lunch On Company Property
If your workplace has a cafeteria, break room, lunchroom, or other place on company property where people have lunch, then your injuries may be work-related. If you are still on company property, your injuries could be deemed work-related, especially if dangerous property hazards actually caused your injuries.
Work Accidents During Break
Lunch breaks on work sites, especially construction sites, may injure people who are on break as well as those actively working. For example, structural collapse, crane accidents, and fires/explosions from the work site would cause you a work-related injury, even if you were on break at the time.
Company Events
Company parties, outings, retreats, and luncheons are often still considered part of your work, especially if you are required to be there. This means that, even though the event might revolve around eating rather than accomplishing work tasks, it is still work-related. Participating in team building or company bonding during these events is still serving your employer’s interests and could be seen as work-related.
Factors to Consider
When courts and our Allentown, PA Workers’ Comp lawyers assess whether a lunch break injury is work-related or not, there are multiple factors to consider.
Factors in Favor of Work-Relatedness
These factors weigh in favor of covering your lunch break injury:
- Happened at your work location
- Work or work discussions happened during lunch
- Work hazards/conditions caused the injury
- You weren’t allowed to leave your work site for lunch and actually stayed
- Your lunch break is included in your work hours
- Your coworker or boss caused the injury.
Factors Against Work-Relatedness
These factors weigh against covering your lunch break injury:
- It happened off-site
- You were not under your employer’s orders or instructions when you left work
- You were not “on the clock,” or the lunch break is excluded from your work hours
- You weren’t allowed to leave, but did so anyway
- You were serving your own interests, not your employer’s.
FAQs About Coverage for Lunch Break Injuries Under Workers’ Comp
Do Breakfast and Dinner Breaks Count?
Not every shift has a lunch break, depending on your hours. Meal breaks for dinner or breakfast should be treated the same way.
Do Injuries During Other Breaks Count?
Smoke breaks or other short breaks have similar rules: if you are still at work, doing work tasks, or serving your employer’s demands during the break, injuries may still be covered.
What if I Get Hurt Picking Up Lunch for the Office?
Going out on an errand for work – such as picking up lunch orders for the office – would be a work-related task and should get coverage in most cases. Especially if this is a normal work task of yours, it should be covered.
What if I Get Hurt on the Way to a Lunch Meeting?
Injuries while driving or traveling to other locations for work-related tasks should qualify as work-related, too. Especially if you left your office to drive to a lunch meeting, then were going back to the office after, injuries while driving/traveling should count.
What if I’m Eating at My Desk?
Some people work through their lunch breaks and never truly “take a break.” If you weren’t “on break” and you were still doing work tasks, then it doesn’t really matter if you were eating or not. Those injuries are squarely work-related.
What if I was Distracted and Caused My Injuries Because I was Eating?
If you were eating while driving or operating machinery as part of a work tasks, and the distraction of eating caused your injuries, it should still be deemed work-related. Work-related injuries are still covered if you caused them by accident.
What if Alcohol Was Involved?
Sometimes, lunch or dinner meetings may include drinks with clients or bosses. Injuries caused by alcohol consumption are not typically covered under Workers’ Comp. However, if the injury is attributed to another cause, and alcohol just coincidentally happened to be involved, it might still be covered.
Call Our Workers’ Compensation Lawyers Today
Call the Harrisburg, PA Workers’ Compensation lawyers at Cardamone Law at (267) 651-7945 to get started on your case.
