Michigan workers’ comp lawyer discusses injured on lunch break workers’ comp claims.
We are frequently contacted by employees injured on lunch break asking about workers’ comp claims. These types of claims are difficult because employers always think suspicious activity is going on. Workers’ comp benefits get disputed, sticking the disabled employee with unpaid wages and medical bills.
Workers’ comp is supposed to cover all injuries and diseases that arise out of and in the course of employment. This includes lunch breaks. It does not matter how an employee was injured or who was at fault. Even injuries that occur during lunch hours can be covered under specific circumstances.
Workers’ comp pays lost wages and medical treatment. The amount for lost wages should equal 80% of the after-tax average weekly wage. Medical treatment is unlimited without any copays or deductibles.
Injured on lunch break workers’ comp claims
Workplace injuries can occur at any time, including during lunch hours. An employee might be injured after a slip and fall in a break room or from an auto accident going to a restaurant. We have even seen employees get hurt while physically fighting with a coworker.
Injured on lunch break workers’ comp claims are divided into two general categories. The first category includes injuries that occur while on the employer’s premises during work hours. These injuries are generally covered as it is presumed that an employee is in the course of his or her employment. This means lost wages and medical bills should be paid without controversy.
The second category involves claims of off-premises injuries sustained during lunch hours. These types of situations are frequently disputed by employers and their insurance companies. The Michigan Supreme Court has said that these workers’ comp claims should be treated like a person was going to or coming from work. They are generally not covered when they are off-premises. However, it is still possible to meet an exception and collect workers’ comp benefits. Watch out for situations where an employee was on a special mission for the employer like picking up lunch for the entire office. It is also possible for an employee to be covered if he or she is running an errand for their boss.
Disputed workers’ comp claims
We recommend filing a work accident report whenever an employee gets hurt on-the-job. This will ensure notice and claim requirements are satisfied if the employee needs lost wages or medical treatment.
Do not accept employer excuses about being injured on lunch break and workers’ comp claims not being covered. Our experience shows that employers lie in order to stop employees from collecting workers’ comp benefits. An employee can always make his or her claim with the Workers’ Disability Compensation Agency triggering an insurance company review.
Make sure to contact an experienced workers’ comp lawyer to ensure all legal rights are protected. The advice is free and will be 100% confidential. Fight unfair decisions and collect what is owed!
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.