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Do I have a workers’ comp claim if I was injured during lunch break?

Maybe. Alabama law holds that injuries which are suffered while an employee is conducting activities incidental to their employment-acts necessary to the life, comfort or convenience of the employee-may be compensable injuries. Injuries suffered during lunch break have been held to be one type of said injuries when the injury occurs at an appropriate time and place. If you are in the lunchroom and slip and fall in some liquid on the floor, any injury you sustained would be covered under workers compensation; however, if you were goofing off, any injury would not be covered.

A more difficult question is what if you are driving somewhere off-site for lunch and are injured. If your job calls for you to drive and you are often off-site and free to eat lunch at an appropriate location, then your injury should be covered. If you just choose to run out to grab a burger and had a wreck, you may have a personal injury claim but most likely you would not be entitled to workers compensation benefits.

If you suffered a job injury, you live or work in anywhere in North Alabama, and you have questions about your workers’ compensation claim and would like to speak with an experienced North Alabama Workmen’s Compensation attorney, the workers compensation lawyers at Powell and Denny  would appreciate the chance to help you.

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  • Birmingham Office
    1320 Alford Avenue
    Suite 201
    Birmingham, Alabama 35226
    Phone: 205-978-2051
    Fax: 205-978-2054
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    SW Suite 104
    Huntsville, Alabama 35802
    Phone: 256-705-3510
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