What Happens if I Get Hurt at Work While Off the Clock?

Posted in Workers Compensation on August 23, 2021

Getting hurt at work while off the clock could mean you receive no workers’ compensation benefits. Well, that’s what your employer and the insurance carrier will probably want you to think. While it’s True that off-the-clock injuries may present more challenges for recovering compensation, the reality is that individuals are often able to receive benefits even if they think they aren’t. There are various situations that could allow individuals to receive compensation even if they have clocked out but are still on the job site or carrying out job-related duties.

After all, just because someone is not on the clock does not mean they aren’t doing work.

Understanding Workers’ Compensation

Workers’ compensation is required for nearly all employers and provides benefits to employees who suffer job-related injuries or illnesses. These benefits typically cover medical bills related to the injury, a portion of lost income, and rehabilitation costs. However, to qualify for these benefits, the injury must occur “in the course of employment,” which can become complex when considering off-the-clock injuries.

Situations Where Off-the-Clock Injuries May Be Covered

Several scenarios could allow an employee to receive workers’ compensation benefits for injuries sustained while off the clock. These include:

• Performing job-related duties. If you were injured while performing a task that benefits your employer, even if you were off the clock, you might still be eligible for compensation. For instance, if you were asked to run an errand or complete a task after your shift ended and got injured, this could be considered a work-related injury.
• On employer’s premises. Injuries that occur on the employer’s premises, even if you are off the clock, can sometimes be covered. For example, if you slipped and fell in the company parking lot after clocking out, you might still be eligible for workers’ compensation.
• Special missions. If you were off the clock but performing a special task or mission for your employer, any injuries sustained during that time could be covered. This includes attending work-related events or functions outside regular working hours.
• Employer-provided transportation. If you are injured while using transportation provided by your employer, such as a company vehicle or shuttle, you might be eligible for workers’ compensation benefits, even if you were not officially on the clock.

Challenges in Proving Eligibility

While there are scenarios where off-the-clock injuries can be covered, proving eligibility can be challenging. Insurance companies and employers may argue that the injury was not work-related or occurred outside the scope of employment. To strengthen your case, it is crucial to:

• Gather evidence. Document the circumstances of your injury, including taking photos of the scene where the injury happened, collecting witness statements, and keeping records of any communications with your employer.
• Seek medical attention. Immediately seek medical attention and ensure that your injuries are thoroughly documented by a healthcare professional. Medical records can be crucial in proving the extent and cause of your injuries.
• Report the injury. Even if you were off the clock, report the injury to your employer as soon as possible. Provide a detailed account of how the injury occurred and any job-related duties you were performing at the time.

Legal Assistance for Off-the-Clock Injuries

Navigating workers’ compensation claims for off-the-clock injuries can be complex. An experienced workers’ compensation attorney can help you understand your rights, gather necessary evidence, and advocate on your behalf. They can assist in demonstrating that your injury occurred in the course of employment, even if you were off the clock, and help you receive the benefits you deserve.

What You Can Do After an Injury

If you have been injured while off the clock and are unsure about your eligibility for workers’ compensation benefits, contact Crossman Law Office for assistance. Our experienced team can help you navigate the complexities of your claim and advocate for your rights. Visit our contact page or call us today to schedule a free consultation.