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Can you claim compensation for an injury that occurs on break?

On Behalf of | Jan 10, 2023 | Workers' Compensation

When you start work at a new job, you likely receive training that includes education on your various employee benefits, including workers’ compensation. Nevertheless, it is rarely clear if an injury that occurs during a break period is within the scope of your coverage policy.

It is generally the case that you can still receive workers’ compensation for an injury that occurs during a break so long as you are performing work-related duties during that time. It is important to take the right steps following an injury to ensure that you are able to receive the best settlement possible.

Report the injury

The California Department of Industrial Relations outlines the procedures you should follow after sustaining a workplace injury. Even if you are not sure if an injury suffered on break will qualify for workers’ compensation, you should still follow the correct steps for your own safety and to give yourself the best chance at recovering damages. Report the injury to your employer within 30 days and seek immediate medical treatment if necessary.

Document the incident

Having thorough evidence and documentation on hand can help you prove that an injury is work-related even if it occurs during a break. Receipts, time punch records and co-worker testimony can all be valuable in the event that you need to defend your claim.

Ideally, employers and their insurance partners should pay out workers’ compensation settlements without the need for legal action. If it does become necessary to pursue the compensation you deserve through litigation, however, it is important to have a strong legal team on your side.