Off The Record – Workers’ Comp – Are You Covered On Your Work Breaks?
Hi, everyone. My name is Craig Rosasco, managing partner of the law firm of Turley, Redmond and Rosasco. Today, we’re gonna talk about workers’ compensation and when you’re covered…when you’re not covered on either breaks or your lunch hour.
So there is numerous cases that have been brought up to the Appellate Division as to whether or not you’re covered during your breaks. And the courts are consistently telling the workers’ compensation administrative law judges that injured workers are covered on their breaks.
Paralegal, Karen, wants to go for a cup of coffee. She runs downstairs, has a cup of coffee trips and breaks her leg. She’s covered because she’s on a short break. Your employees are allowed to take breaks and the law is not gonna penalize them. However, If you take an hour-long lunch break and you go out to Capital Grille, have a cocktail with one of your friends and trip and fall down there, the law says you’re not covered on your lunch break.
However, one caveat. If me as the employer send my employee over to Capital Grille to get me a filet mignon and bring it back onto my desk and while they’re in the course of securing me my lunch under my direct supervision and direction, they would be covered in that circumstance while they’re on their lunch break. Every case is different. It’s all factual basis, and all facts have to be applied into the overall general picture of the claim. Call me. I’ll work it all out for you. Craig Rosasco. 516-745-5666. Talk to you soon.