Injuries During Lunch Breaks

Cases involving injuries during lunch breaks or coffee breaks are almost always fact specific. This means that the specific circumstances surrounding a particular injury are what the Law Judge and Workers’ Compensation Board will focus on in determining whether such an injury or accident should be covered under the Workers’ Compensation Law in New York State.

A distinction is made between inside and outside employees, but there are no clear lines delineating which lunch break cases will be established and which ones disallowed.

Some relevant facts in such cases involve where the employer was at the time of the injury, whether or not he or she was being paid for the lunch or other break and whether or not the employer gained some sort of benefit from the meal break.

There are many cases involving motor vehicle accidents occurring on the way to or from a meal break. Once again compensability will be based on the specific facts and circumstances surrounding the particular accident.

This type of claim often requires extensive litigation.