I fell off of a ladder at work and hurt myself, injuring my back and breaking my leg. I want to get worker’s comp benefits. My boss is telling me he doesn’t think I can because I was sitting on the top of the ladder eating lunch when I fell off. But I was only up there because I had to be on the ladder before lunch and after and it was just easier to stay up there. Most people eat on the scaffolding or on top of the ladder. Can I really not get my medical bills and stuff paid?
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Answer: (1)
In order to recover worker’s compensation benefits, typically the injury must have arisen out of and in the course of employment. That means you had to be injured as a result of your job, while doing your job. Depending on the specific laws in your state, personal errands such as eating lunch or taking bathroom breaks may or may not be covered. If it is standard business practice to eat lunch at the top of scaffolding in order to save time in the workday, this potentially could be considered to be an injury arising out of and in the course of employment. However, this is a fact sensitive determination and you may need to prove your claim to the worker’s compensation insurer or appeals board if the claim is denied. You should hire a qualified worker’s compensation attorney as soon as possible to evaluate your chances of recovering worker’s compensation benefits and to help you file an appropriate claim with your employer.
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Posted by Christy Rakoczy on 21 Jan 2010