What Happens If You’re Injured While Working Off The Clock Or During A Break In Florida?

In this article, you will discover:

• If workers’ compensation covers Florida workplace injuries that occur during a lunch break
• The definition of “off the clock” for purposes of workers’ compensation claims
• If you’re entitled to workers’ compensation for off-the-clock, voluntary work after-hours

Are Workplace Injuries During A Lunch Break Covered By Florida Workers’ Compensation Laws?

Workplace injuries during a lunch break are covered because Florida courts recognize the “Personal Comfort Doctrine.” That principle holds that what people usually do for personal comfort during their day, within reason, is not inconsistent with work and therefore compensable.

The doctrine applies to taking restroom, lunch, or coffee breaks, if the employee doesn’t substantially deviate from their primary work purpose and is simply acting in a way to promote their comfort.

Therefore, if the employee is on employer-controlled premises and generally engaged in the workday, the fact that they may be taking a break for coffee or lunch doesn’t preclude the applicability of workers’ compensation if there’s a work-related accident.

How Does Florida Define “Off The Clock” For Workers’ Compensation Injury Claims?

Frequently, employers will argue that if an employee is not actually clocked in and functioning in the workplace, they should not be covered. However, while the general concept is that employees need to be engaged in work to be covered by the workers’ compensation law, there are exceptional circumstances.

For instance, suppose an employee punches out on a manual time clock but sees a coworker struggling to pick up something heavy, offers to help, and strains their shoulder. This scenario could be a gray area where the employer may suggest that the employee was no longer engaged in work and is technically off the clock.

However, if the employee is still doing work related to their employment and furthering the employer’s interests, the technicality of whether they are on the clock is not as significant as whether the work-related activity is the cause or trigger of an accident or injury.

Attorney Matthew Romanik is a skilled lawyer based in Daytona Beach, Florida, who has helped numerous clients just like you navigate the intricacies of workers’ compensation law. With 29 years of experience, he is prepared to assist you in pursuing the full range of benefits, lost wages, and compensation you deserve when you are injured “off the clock” or after hours in furtherance of your employer’s interest.

Still have questions? Ready to get started? Contact Working for Workers today to schedule a free initial consultation.

Can You Get Workers’ Compensation In Florida For Injuries During Voluntary After-Hours Work?

In Florida, if an employee voluntarily performs work outside of their technical work schedule, particularly with the employer’s knowledge, they are entitled to workers’ compensation.

Suppose an employee is technically clocked out when they see a coworker struggling to unload a heavy object. If the employee offers to help and is injured, the relevant inquiry is whether the employee is engaging in work furthering the employer’s purpose.

It’s not the technical issue of whether they are on the clock or their regularly scheduled hours. Regarding workers’ compensation, it’s the function rather than the timing that’s more significant.

Does Getting Injured In A Parking Lot Or Break Room Affect Your Florida Workers’ Comp Eligibility?

Through the Personal Comfort Doctrine and consideration of the employee’s purpose, if the employee hasn’t substantially deviated from their employment, typically, the specific location is of lesser significance than the functionality of what the employee was doing and why they were in that particular environment when they were doing it.

Case Study: Have You Ever Had A Case Where Surveillance Footage Played A Key Role In Proving Off-The-Clock Injury Claims?

I had a client who was a truck driver. Typically, he was expected to drop his truck off in a patrolled and locked yard and promptly leave the premises. However, one day, he was driving a refrigerated tractor-trailer and noticed that the refrigeration unit on the trailer wasn’t properly functioning.

The driver stayed substantially longer than usual and took all necessary steps to ensure the refrigeration unit was working properly to preserve the load in the truck. Later, there was some question about why he alleged an injury stemming from the incident.

He injured his shoulder while trying to climb back down from the trailer. Fortunately, there was video surveillance depicting him in front of the refrigeration unit on the back of the trailer doing substantial work for a long time.

That was a significant case that was easily resolved in favor of my client because he was still performing a work-related activity. He was doing what he was tasked to do: safely transport and preserve the loads he was moving.

Still Have Questions? Ready To Get Started?

For more information on Florida workplace injury off the clock, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 359-8016 today.