Injured Before Clocking In or After Clocking Out — Are You Covered by Workers’ Compensation in Alabama

Injured Before Clocking In or After Clocking Out — Are You Covered by Workers’ Compensation in Alabama?

Injuries at work do not always happen neatly during scheduled hours. A common question we hear is whether an employee has any rights if an injury occurs shortly before clocking in or after clocking out. Does being “off the clock” automatically bar a workers’ compensation claim?

Under Alabama law, the answer is no.

Workers’ compensation coverage is not strictly limited to the exact moment an employee clocks in or out. Alabama courts have long recognized that employment includes a reasonable time and space before and after work while an employee is at or near the employer’s premises and engaged in activities naturally related to the job.

As the Alabama Court of Civil Appeals explained, employment is not limited to “the actual time when the workman reaches the scene of his labor and begins it nor when he ceases,” but includes a reasonable period before and after work while the employee is still on or near the employer’s premises and engaged in acts incidental to employment. Cook v. AFC Enterprises, Inc., 826 So.2d 174, 177–78 (Ala. Civ. App. 2002).

In practical terms, this means that injuries may still be compensable when they occur while an employee is:

• Arriving at work and preparing to begin job duties
• Leaving work after completing assigned tasks
• Performing activities required by the employer, even if the time clock has already been punched

We recently handled a case where an employee was injured while exiting her workplace after completing her assigned duties at the end of the day. Although she had finished her shift, the injury occurred on the employer’s premises while she was leaving in the normal course of employment. The workers’ compensation carrier initially denied the claim, but the evidence showed the injury occurred within a reasonable time and space connected to her job. Benefits were ultimately awarded.  In another case, our client slipped on some ice on the steps while going into their place of employment.  The workers compensation adjuster denied the claim, stating the injured worker was not “working” when the accident occurred.  We were hired and we were quickly able to convince the adjuster that Alabama’s workers’ compensation law covered our client’ injury, and they were able to obtain the medical treatment they needed.

Whether an injury is covered does not turn solely on the time clock. The key questions are where the injury occurred, what the employee was doing, and whether the activity was reasonably related to the employment.

If you were injured before clocking in or after clocking out—but were still on the employer’s premises or engaged in work-related activity—you may still be entitled to Alabama workers’ compensation benefits. Understanding that distinction can make the difference between a denied claim and covered medical care and compensation.

If you have suffered a job injury and you have questions about your rights and benefits under Alabama’s workers compensation laws -don’t hesitate to contact and speak with one of the experienced Alabama Workers Compensation and Social Security Disability attorneys at Powell and Denny today for a free consultation. Appointments are available in person, or virtually via Zoom if more convenient.  Powell and Denny would appreciate the opportunity to help.  And remember, there is no fee unless you collect.

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Powell and Denny have been selected as one of the Best Law Firms by U.S. News and World Report for each of the last 7 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 3 years, have been selected by The National Advocates as one of the Top 20 Workers’ Compensation Firms (plaintiffs) and Powell and Denny, P.C.-has been selected as one of the “Best of the Best” law firms by The American Registry

Mr. Denny is AV rated by Martindale Hubbard (the highest rating possible) and Mr. Powell has been rated as Superior by The National Registry and selected as a Lawyer of Distinction.

+ Powell and Denny have successfully represented injured workers from Birmingham, Huntsville, Florence, Muscle Shoals, Tuscumbia, Athens, Decatur, Town Creek Ardmore, Hartselle, Madison, Toney, Scottsboro, Ft. Payne, New Hope, Guntersville, Albertville, Boaz, Ashville, Anniston, Gadsden, Cullman, Jasper, Gardendale, Morris, Kimberly, Centerpoint, Leeds, Tarrant City, Fairfield, Hueytown, Bessemer, Adger, Tuscaloosa, Cordova, Alabaster, Pelham, Harpersville, Opelika, Phenix City, Montgomery, Clanton, Calera, Enterprise, Monroeville, Mobile, Evergreen, Centreville, Brent, West Blocton, Woodstock, Brierfield, Lakeview and towns and cities in between.

Injured Before Clocking In or After Clocking Out — Are You Covered by Workers’ Compensation in Alabama