Injured During Lunch Hour or on Break?

There are a lot of strong opinions about whether someone should be entitled to receive benefits if they are injured while on their lunch break.  A Maryland Court will be deciding that very issue.  In a recent case, a woman was injured while trying to retrieve a shampoo bottle from her car during her lunch break.   The Maryland Workers' Compensation Commission found that her injuries arose "out of and in the course of employment" and awarded workers' compensation benefits. The County wants the money returned.  

How would that case be decided in Tennessee?  In Tennessee, a worker on the employer's premises coming to/going from the work place is acting in the course of employment.  If the employer provides a parking area for its employees, that area is part of the employer's premises.  However, as a general rule, an injury that occurs while an employee is en route to/from work is not compensable.  

If an employee is injured on the employer's premises during a break provided by the employer, the injury is generally compensable. Moreover, even if the employee was injured at a place away from the employer's premises, if the location was selected for the convenience of the employer and if the activities were furthering/facilitating his employer's business, the employee should be entitled to workers' compensation benefits.  

During this time of year, when company parties and luncheons to celebrate the holiday season are the norm, have fun yet be careful as you celebrate with your co-workers!