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

Yes, in some circumstances, workers injured during a scheduled break time may be eligible for workers’ compensation benefits. This is because Illinois law typically allows workers’ comp benefits when an employee is injured on the premises during a break or other personal comfort activities, like eating or using the restroom. However, certain circumstances, like where the injury occurred and what the worker was doing at the time of the accident, can impact eligibility. 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.

Understanding Workers’ Compensation Coverage During Breaks in Illinois

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 also 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 believe they cannot receive workers’ compensation for injuries sustained during this period. In reality, Illinois workers’ compensation laws may still provide coverage, depending on the circumstances of the injury.

In Illinois, break-time injury claims are typically evaluated based on:

• If the employee was on company property at the time of the injury
• If the break was paid or unpaid
• Whether the activity was related to reasonable personal comfort
• If the worker was still under employer control
• Whether the injury arose out of and during employment

Workers in Bloomington, Chicago, Rockford, Joliet, and across Illinois may be eligible for benefits, even if the accident occurred during a scheduled break period. Because workplace environments vary across industries, break-related injuries can occur in warehouses, hospitals, schools, office buildings, and retail spaces across the state. As such, injured workers generally have legal options, regardless of whether the accident occurred in Central Illinois, the Chicago-metro area, or anywhere else in the state.

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

There is a common misconception that accidents and injuries incurred 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 a 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.

When Are Injuries Sustained on Break Covered?

• The injury occurred on company property
• The worker was on a paid, scheduled break
• The worker was engaged in normal, personal comfort activities
• The worker was under employer supervision

Situations Where Workers’ Compensation May Not Apply

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 may not be eligible to file a claim for compensation as the injury did not occur on the premises and therefore may not be considered work-related.

Other situations that may complicate a workers’ compensation claim include:

• Running personal errands during an unpaid lunch break
• Engaging in horseplay or intentional misconduct
• Injuries resulting from intoxication or other policy violations
• Leaving company property without the authorization of your employer

Common Examples of Break-Time Workplace Injuries in Illinois

Unfortunately, break-time injuries can occur across nearly every industry and profession throughout Illinois. As such, familiarizing yourself with the most common accidents that occur on breaks can help you understand whether or not you are eligible to pursue a claim.

Construction and Warehouse Injuries

• Falling debris in designated break areas
• Slip-and-falls on the premises
• Injuries caused by equipment during rest periods
• Parking lot accidents on industrial job sites

Office and Retail Workplace Injuries

• Slipping on wet floors in the cafeteria or lunch room
• Falling on sidewalks covered in ice outside the entrance to your workplace
• Suffering an injury in the breakroom or stairwell

Healthcare and Manufacturing Injuries

• Suffering injuries caused by fatigue during extended shifts
• Repetitive motion injuries
• Suffering injuries while walking from one department to another

Sustaining an injury in an employer-provided breakroom

How Do I File a Workers’ Compensation Claim in Illinois?

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 reporting the injury as soon as possible is strongly recommended.

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 to protect your rights.

Step-by-Step Claim Process

If you are injured during an Illinois work break, you should:

• Seek immediate medical attention
• Inform your employer as soon as possible
• Document the scene, including the hazard and your visible injuries
• Keep copies of medical records and bills
• File the necessary workers’ compensation documentation
• Keep a record of missed work and lost wages

Contact an Experienced Illinois Workers’ Compensation Attorney Today

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.