What if I was Off the Clock when I was injured?

What if I was Off the Clock when I was injured?

What rights do you have if your job injury occurred before you have clocked in or after you have clocked out?  This is a scenario we are often asked, as job injuries do not always occur while a worker is technically still “on the clock.”  What rights, if any, do you have if you were injured shortly before clocking in, or shortly after you clocked out?  Does the fact you were not “on the clock” when you suffered your work injury automatically prohibit you from Alabama workers compensation benefits?

No, it does not.

Alabama Workers’ Compensation benefits are not limited solely to workers who were hurt at work while they on the clock.  Under Alabama’s Workers’ Compensation law, “’employment is not limited by the actual time when the workman reaches the scene of his labor and begins it nor when he ceases, but includes a reasonable time, space, and opportunity before and after while he is at or near his place of employment.  One of the tests is whether the workman is still on the premises of his employer.  It was further stated that an employee’s completing his actual service for the workday and preparing to leave the employer’s premises at a suitable interval of time thereafter are acts naturally related and incidental to the course of employment.’” Cook v. AFC Enterprises, Inc., 826 So.2d 174, 177-178 (Ala.Civ.App.2002)(quoting from Thompson v. Anserall, Inc., 522 So.2d 284, 286 (Ala.Civ.App.1988).

Not long ago we had a case in Madison County where our client was injured when exiting her place of employment.  She had just finished mopping the floor after the restaurant closed, and on her way out of the door she slipped and suffered a serious injury.  Workers comp denied the claim, but we took the case, filed suit and after taking the manager’s deposition-we were able to establish that our client was entitled to workers compensation benefits for her injuries, and she was able to have the surgery she required and received a nice settlement (with lifetime future medical benefits left open).

So, if were hurt at work while not being “on the clock,” but you were engaged in activity related to your job, including getting ready to begin work or preparing to leave work, then you may be entitled to workman’s compensation benefits.

If you have suffered a work injury and you have been told that you are not entitled to workers’ compensation benefits for your injury-don’t give up; contact and speak with one of the experienced Alabama Workers Comp Lawyers at Powell and Denny today, and we will try to answer your questions about your right to Alabama Workers’ Compensation benefits during a free consultation.

Appointments are available in person, or virtually through Zoom if that is more convenient for you.

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Offices in Birmingham, Alabama and Huntsville, AL

 

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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 8 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 4 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

+ 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, Alabaster, Pelham, Trussville and towns and cities in between.

 

 

What if I was Off the Clock when I was injured?