To succeed with a workers’ compensation claim in Pennsylvania, you must show that you suffered an injury, and that the injury was “work-related,” i.e., sustained during the course of your employment. In most instances, making that determination is relatively easy. If you can show that you suffered your injury while performing duties tied to your job, through repetitive motions or stress, or because of exposure to a toxic chemical or other substance, you should have a legitimate claim. But there are some unusual situations where there might be some question is your injury work-related.
State and federal labor laws guarantee you a certain number of breaks during a work shift, including a meal break, if appropriate. What happens if you slip and fall in the break room, or while in the company cafeteria? Does it make any difference if it happens at an offsite restaurant?
As a general rule, unless you are horsing around in violation of clearly stated company policy, injuries that you suffer in the break room or on your way to or from a break are covered by workers’ compensation. With meals, however, it’s a slightly different rule. In the company cafeteria, most injuries are compensable. However, if you leave the premises of your employer to eat, you generally won’t be covered, unless you were picking up food for other employees or for a company meal at the request of a supervisor.
At Metzger & Kleiner, a workers compensation lawyer will offer a free initial consultation to every client. For an appointment, contact our office online or call us at 215-567-6616 in Philadelphia, 610-435-7400 in the Lehigh Valley, or toll free at 866-847-4170.
We take all personal injury claims on a contingency basis. We will only bill you attorney fees if we recover compensation for your losses.
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