[amanda.sopris@gmail.com]

# 6 years, 1 month ago

We have an employee who likes to go for walks during her half hour unpaid lunch break. While out walking on the street today she twisted her ankle and fell. Would this still be worker’s comp or no? Should I have her fill out an accident report?

[Lisa Smith, SPHR]

# 6 years ago

Good Afternoon Amanda,

Generally, the answer is no. Reference this case: http://nyworkerscompensationdefense.com/are-injuries-that-occur-during-a-lunch-break-compensable/

You should ask a few questions:

1. Was the worker clocked out?
2. Was the worker off of the employer’s property?
3. Was the worker “fully relieved of duty” and truly on her own personal time with zero restrictions by the employer?

If your answer is Yes to all three questions, the case is probably not WC. If you believe the circumstances of the break and the injury are too close to call, you should definitely seek the advice of the WC agency in your state or your attorney’s legal advice.

Here two more references:

https://www.nolo.com/legal-encyclopedia/workers-compensation-injury-or-illness-32964.html
https://www.injuryclaimcoach.com/questions/is-my-employer-liable-if-im-injured-while-at-lunch-but-still-on-the-clock.html

I hope these help you make your decision.

Have a great week!

Katy B.
Support Team Specialist
BeAuditSecure.com

[clarissas@diplomaframe.com]

# 6 years ago

Hi, we have an employee out on Worker’s Comp. Our company is based in CT. I sent the employee the FMLA paperwork and received a nice letter from an Attorney that stated that the employee while out was covered under the WC Law and did not need to complete the FMLA paperwork.

It is my understanding that WC does not protect their job but that we are required to provide “light duty” or return the employee to “full duty” once the Doctor has cleared it.

What is the difference then? With FMLA their job is protected and with WC it also seems as though A job is protected.

Thank you.

[Lisa Smith, SPHR]

# 5 years, 12 months ago

Yes, you are correct. WC and FMLA may run concurrently and they both do include job protection – at least to an extent. Here is a link to DOL’s FMLA Guidance. Page 48 says: “DID YOU KNOW? FMLA leave and workers’ compensation or short-term or long-term disability can run concurrently, provided the reason for the absence is due to an FMLA-qualifying serious health condition and the employer properly notified the employee that the leave would be counted as FMLA leave.” https://www.dol.gov/whd/fmla/employerguide.pdf

Also, check page 69 for more information about WC’s interaction with FMLA.

The attorney is correct in stating that FMLA is not required. The documentation you have for WC will suffice as proof of a serious health condition. If you normally do require FMLA certification, that’s fine, but it’s fine to waive that paperwork since you have the WC information.

Hope this helps!