Can I Seek Compensation if I’m Injured on a Break in IL?

If you’re like the majority of workers in Illinois, you look forward to your allotted break time, whether you work in retail or you’re on a construction site all day. Not only is this an opportunity to rest and recharge both physically and mentally, but it can be a great opportunity to get to know your co-workers. However, when you are injured while on your break, it’s important to understand your rights. Unfortunately, many workers are unsure of their rights when they are injured while on break. As such, the following blog covers what you must know about these circumstances and your right to compensation. In addition, you’ll discover the importance of working with an Illinois workers’ compensation attorney to help you fight for your rights.

Are Injuries That Occur on a Break Covered by Workers’ Compensation?

There is a common misconception that accidents and injuries endured while on a break at work are ineligible for compensation. In reality, you’ll find that you are generally eligible for an injury while on paid break, so long as you are still on the premises and engaged in activities for the benefit of your personal comfort, like eating or walking to the restroom. As such, you are generally still eligible to file a claim so long as the injury occurred on the premises.

You should note that if you are engaged in other activities that do not generally occur during a break, such as roughhousing with another employee or participating in non-employer-sponsored activities, like a pickup basketball game on the premises, you will generally not be eligible for compensation if you are injured. Similarly, if you are injured while in a deli picking up lunch for your break, you will not be eligible to file a claim for compensation as the injury did not occur on the premises.

How Do I File a Workers’ Compensation Claim?

If you are interested in filing a workers’ compensation claim in Illinois, it’s important to understand how this process works. Generally, the most important thing you must do is seek medical attention as soon as possible for the injuries you’ve sustained. In Illinois, you do not need to see a medical provider approved by your employer’s insurance. However, you must report the injury to your employer within 45 days of the accident, though the sooner you inform them, the better.

Once you inform your employer of the injury, they are responsible for informing the insurance company. In order to ensure your claim is formally recognized, you may also wish to file an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission.

As you can see, navigating the workers’ compensation process can be overwhelming. That is why it is in your best interest to connect with an experienced attorney with the Law Firm of Kevin A. Moore to assist you through these difficult legal matters. We understand how complicated filing a claim can be to navigate, which is why we will do everything possible to help you through these difficult times. Contact us today to learn how we can fight for you.