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Worker's Comp: Lunch Break Injuries

From the Workers' Comp Attorneys at Milavetz, Gallop & Milavetz, P.A.

At Milavetz, we get many calls from workers in all walks of life - hospitals, factories, and offices - you name it! These employees are trying to get answers to questions about their rights in the workers' compensationsystem - and how they can act to protect those rights. If you have questions about your case, give us a call or feel free to send us an e-mail.

Tom asks:

I had just started my lunch break. My boss knew I was going over to a nearby fast-food place, so he asked me to drop off a small product order at a company that's located near the restaurant. I agreed to do it. No big deal-except a guy ran a red light and smashed into my car. Now I have some kind of neck injury and can't return to work for a few weeks. Is my injury covered by workers' comp? My boss says it was a personal trip.

Steve Levine of Milavetz writes:

An injury must "arise out of and in the course of employment" to be covered by workers' compensation insurance. Delivering a customer order is probably not in your job description, but the only reason you did it was because your boss asked you to do it. Otherwise, you would not have been at the precise time and place where the accident occurred. If your employer continues to deny your injury was job-related, you need to retain an experienced workers' compensation attorney right away. S/he can assist you with your workers compensation claim, and help you with any other claims arising from the car crash, as well.

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