How A Workers’ Compensation Attorney Helps When The Employee Was Injured During A Work Break

by | May 13, 2020 | Attorneys

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What happens when an individual is injured at work but the injury occurred while they were on a break? State laws typically allow benefits in these cases because the person would not have been in this particular situation if they had not been at work that day. For example, the person may have slipped on a wet stairway on the way to the lunchroom and fell, suffering a back injury or a fracture. A workers’ compensation attorney in Anaheim can assist if the employer’s insurer has denied the claim because the individual was not technically working when the accident happened.

This coverage should also apply if the person slipped and fell in the parking lot, as long as some aspect of the pavement was unsafe. If the employee tripped and fell because of reading a text message on the phone, the insurer will probably not be required to pay benefits. However, if the lot was icy and the employer had not done anything to rectify the problem, the employee should be entitled to benefits. The lawyer will need to verify that the employer should have known about the condition of the parking lot and would have had time to address the problem.

These situations become more complex when the employee is off the company property but is still doing something work-related. For instance, this person’s job duties may require dropping off mail at the nearest post office before going to lunch. Workers’ comp benefits should apply if an accident occurred at that location. The same is true if the employee was meeting with a client for lunch and suffered an injury at the restaurant. Attorneys with a law firm such as Rawa Law Group can provide more insight into relevant state laws. A workers’ compensation attorney generally does not charge upfront fees, so there is no reason for someone to delay contacting a lawyer if the claim has been denied. A free consultation usually is provided. If the person decides to hire the lawyer, payment will consist of an agreed-upon percentage of the benefits awarded.