Work Injury During Lunch or Other Work Break

WORK INJURY DURING LUNCH OR BREAK

Whether your work injury during lunch break is covered under Minnesota workers’ compensation depends on the facts of each case. The issue becomes whether that injury and resulting loss are compensable.

The general rule is a work injury during lunch break is not compensable if the employee may leave the employer’s premises on an unpaid lunch break to eat elsewhere, and the employer exercises no supervision or control during the lunch break.

IF THE EMPLOYEE IS PAID DURING THE BREAK, THE WORK INJURY DURING LUNCH BREAK MAY BE COMPENSABLE.

If the employer provides a place for employees to have lunch, the work injury during a lunch break may also be compensable. In one case, an employee was compensated for a work injury during lunch break when she/he sustained an injury during an unpaid, unsupervised lunch in a cafeteria which was operated by the employer.

In another case, an employee’s injury was deemed compensable when she crossed the street on a break to go to a coffee shop. Where business was often discussed at the coffee shop.

THE MAIN ISSUE SEEMS TO BE THAT WHEN THE EMPLOYMENT IS SOMEHOW MIXED WITH THE BREAK, THE WORK INJURY DURING LUNCH BREAK IS COMPENSABLE.

This control can occur in a variety of ways, either by having some control over the environment or merely by going to a place where the business is often discussed. These cases are highly fact-dependent. Had business not been discussed in the coffee shop example, the injury likely would not have been compensable.

CONTACT US

If you have suffered a work injury during lunch break or any other type of break, call our Minneapolis/St. Paul workers’ compensation lawyers for a free consultation.  Our Minnesota work comp attorneys will make sure you get the benefits you deserve.

Joshua R. Stokka

Josh has been representing injured workers for over 10 years. After his first job during law school working for a workers’ compensation attorney, he decided that workers’ compensation is what he eventually wanted to do after law school. Prior to practicing in the area of workers’ compensation, Josh clerked for a judge in the 7^th Judicial District in Minnesota. This valuable experience gave him insight into how judges think, do their jobs behind the scene, and how to frame a case in order to obtain a favorable result.  Now, he focuses 100% of his practice to defending injured workers’ in Minnesota.

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