When most people think about workers’ compensation, they picture injuries that occur while actively performing job duties, such as lifting boxes, operating machinery, or slipping on a wet floor while stocking shelves. But what happens if you suffer a work injury during a break?
In Ohio, employees may still receive benefits even if the injury occurred during a rest, lunch, or smoke break. However, whether you’re covered often depends on where the injury happened, what you were doing at the time, and who controlled the break location.
Understanding these details is crucial to protecting your rights and ensuring you get the benefits you deserve.
Am I Still Protected if I’m Injured on a Break?
Workers’ compensation in Ohio covers injuries arising out of and in the course of employment. That doesn’t always mean you have to be on the clock or actively working at the exact moment of the accident.
Ohio courts and the Bureau of Workers’ Compensation look closely at whether the injury has a sufficient connection to the workplace or your job duties. During breaks, that connection can exist in several ways:
- If the break takes place on the employer’s premises.
- If the employee is still engaged in a work-related activity.
- If the injury happens in a location owned, operated, or controlled by the employer.
What Injuries That Occur on Breaks Qualify for Workers’ Comp?
Here are some real-world scenarios where claims may still be covered:
Slipping in the Break Room
You could be covered if you’re on your lunch break in the company break room and slip on a spilled drink because the accident occurred in a space provided for employees.
Injuries in a Company-Owned Cafeteria
If you slip on grease near the serving line or are burned by a hot coffee machine, the accident may qualify as a valid workers’ compensation claim since it happened on your employer’s premises.
Walking to or From a Break Area
Tripping on a torn carpet on your way to the break area could be compensable if your employer maintains the space.
Which Break Injuries Usually Don’t Qualify?
Not every injury during a break qualifies. In general, if the accident happens off your employer’s property or in a location they don’t control, it may fall outside the scope of workers’ comp.
Examples include:
- Driving your personal vehicle off-site to get lunch and being injured in a car accident.
- Falling on a sidewalk at a restaurant across the street from your workplace, unless your employer owns or maintains that property.
- Getting hurt while running personal errands unrelated to work during your break.
- Catching the common cold or flu.
- Choking on a sandwich in the breakroom.
Workers’ comp claims are more difficult in these situations because the connection to your job is weaker.
Why Break Injury Claims Are Complicated
Ohio’s Personal Comfort Doctrine is one reason these cases can be complex. While it protects employees injured during reasonable break activities, it also allows for disputes.
Employers or their insurers may argue that because you weren’t “on the clock,” you’re ineligible for benefits. However, the doctrine clarifies that injuries in employer-controlled areas, like breakrooms, restrooms, or cafeterias, may still entitle you to benefits.
Courts in Ohio have ruled in favor of employees in these situations. In White v. Quest Diagnostics (2018), an employee who clocked out for lunch fell in her employer’s parking lot, which was undergoing repairs. The court ruled her injury covered because the employer controlled and maintained the premises, making the connection to her job clear.
That’s why the “location and control test” matters. Claims are more likely to be approved when the injury happens in a space owned, maintained, or overseen by your employer. For example, slipping in a cafeteria where your company operates makes it much easier to connect to your job than being hurt off-site while running a personal errand.
Because the difference comes down to facts, these cases often require strong evidence, such as:
- Where exactly the injury occurred
- Who controlled or maintained the area
- Whether the activity was tied to your employment or employer-provided facilities
- Witness statements or video footage showing what happened
Why You Need a Cleveland Workers’ Comp Lawyer After a Break Injury
You shouldn’t assume you’re ineligible for workers’ comp benefits if you’ve been injured during a break. These cases are fact-specific, and small details can make the difference between a denied claim and a successful recovery.
At Nurenberg, Paris, Heller & McCarthy, our workers’ compensation lawyers have years of experience handling complex claims. We can investigate the circumstances of your injury, gather evidence, help you file your claim, and represent you in hearings or appeals if your employer or the Bureau of Workers’ Compensation disputes your case.
Break Injury in Ohio? Let Our Lawyers Protect Your Rights
Breaks are part of every workday, and injuries that happen during those moments can still leave you facing medical bills, lost wages, and long recoveries. Whether you lost your footing in the break room or were hurt walking to a company cafeteria, you may still have a valid workers’ comp claim in Ohio.
Because these cases depend on the facts and the evidence, it’s important not to go through the process alone. Contact the workers’ compensation lawyers at Nurenberg, Paris, today for a free consultation. We can help you get the benefits you deserve.
