Dec 29, 2021

What If You Were Hurt While Clocked Out & On Lunch Break?

Can you get workers’ compensation benefits if you were hurt while clocked out and on lunch break? Thanks to a Georgia Supreme Court decision in the summer of 2020, you probably can.

A case came to the Court from a woman who tripped and fell while she was off the clock and on her way to lunch. To make matters even more complicated, she was not even in her workplace when she fell. Instead, she was outside in the parking lot.

The Court found that going to lunch, heading to the restroom, and other activities normally taken off the clock are so routine with work that they can reasonably be described as part of work. In other words, your “scope of employment” includes going on breaks, including off-the-clock breaks, at least in Georgia.

Details in these cases are important, though. There are surely gaps in the decision that could allow an insurer to push claims away because an accident happened when the employee wasn’t technically working. Anyone who needs to bring such a claim should first team up with a local workers’ compensation attorney.

For workers’ comp cases handled throughout Georgia, you can count on Hansford McDaniel LLC. Contact our firm online or dial (770) 741-2825 to speak with one of our lawyers.