What Happens if I Am Injured During a Break or Lunch in Vermont?
The general rule in Vermont is that employees can file a workers’ compensation claim and seek financial benefits when they suffer a work-related injury. But what happens if you are injured during a break or lunch? Are you still eligible for workers’ compensation? The situation can be complicated when an injury occurs during a break or lunch. In such a case, it’s best to consult a qualified workers’ compensation attorney who can help you understand your legal rights and determine whether your injury is covered.
What Is a Work-Related Injury?
Under Vermont workers’ compensation law, a work-related injury is one that arises out of and in the course of employment. So, what does “out of and in the course of employment mean?” Generally, this means that you were performing work-related duties when the injury occurred and the injury is directly related to your work. For example, suppose you work at a construction site and fall from a ladder while installing roofing material. In that case, any resulting injury is considered work-related as it was caused by and occurred while you were performing a job-related task.
However, some situations are complicated. The situation is no longer straightforward when an employee is injured while on a break or having lunch. In such a case, it becomes crucial to evaluate where the injury happened and whether your break was approved by your employer.
Does Workers’ Compensation in Vermont Cover Break and Lunch Injuries?
After suffering a work-related injury during a break or lunch, whether your injury is covered may depend on where the injury happened and what you were doing at the time. Suppose you suffer an injury while on an approved break on your work premises. In such a case, your injury might be covered. For instance, your injury may be covered if you trip and fall in the company’s cafeteria. Because you were on company property and generally still under your employer’s control, you may still be eligible for workers’ compensation.
Some employers require workers to remain on company property during their breaks. In such cases, any injury you suffer during a break or lunch may be compensable. Also, you may be eligible for workers’ compensation benefits even if your employer doesn’t explicitly require you to stay on company property, but there is a strong expectation that you should remain on-site during your breaks.
You may also be covered if your injury happened during your break, but you were doing something for your employer’s benefit, such as getting lunch for them. While you were on a break, your activity is connected to your work duties and thus may qualify as job-related.
On the other hand, if your injury happened while you were off-site, for example, at a restaurant, your injury may not be covered. In such a case, it may be concluded that you temporarily removed yourself from your work environment for a personal activity. However, if, for instance, you were at a restaurant having lunch with a client, you may still be covered.
Contact a Vermont Workers’ Compensation Attorney
If you have suffered an injury during a break or lunch, contact a skilled Vermont workers’ compensation attorney at Sluka Law PLC for help understanding your legal rights.
