Workers Compensation for Employee on Break

I have a question related to a CGL claim. The insured's employee left the building, and was walking to a nearby restaurant, on her break, for a soda when she tripped on a sidewalk crack in the common area.

A little more info about the situation: There are no official breaks, but the owner does not object if someone leaves for a break. They are not done daily, only occasionally. California law requires a break each 4 hours. There is no on site area for a break at the insured's office, no table, vending, etc. The employee did not have to clock in or out, so is paid while on a “break”. The area where the employee fell is 82 feet away from the insured's office. This is a straight (strip mall) building with a continuous walk past each door. The walk parallels a parking lot, not a public street.

Is the injured person an employee eligible for WC?

California Subscriber

This should be compensable under WC. An important factor is that the break was authorized and paid. Take a look at Wood Pontiac Cadillac v. Superior Court, 5 Cal.App.4th 810 (Cal.App. 1 Dist., 1992). It states that an employee's injuries while traveling to or from a compensated meal break are compensable whether the employee is paid at an hourly rate or is salaried. Also, an employee injured while traveling to an authorized but unscheduled lunch break is “compensated” at the time of the accident, so basically even if the break is not official it is still considered paid if the employer knows about and permits it.

Courts in California have not specifically stated that it is important to determine whether there is an on-site area for breaks, and how close the employee is to the worksite when injured offsite during break. But these are factors courts in other states have found crucial in concluding an injury is compensable (and California doesn't say anything to the contrary). So, the facts that your employee had no on-site break place option and that the injury took place a mere 82 ft from the worksite only serve to further bolster the case for WC coverage.

 

 

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