• 24
  • January
    2012

The workers' compensation system, in New York and elsewhere across the country, is set up to provide for employees who are injured while working on the job, that is, during the course of their employment and during their working hours.

It can be starkly illustrative how often an employer and its workers' comp carrier will appeal a decision awarding benefits to an injured worker, underscoring the need for a hurt employee to secure diligent and knowing worker's comp legal counsel. Without a strong and knowledgeable advocate, a worker's legal rights can be compromised by an employer and insurer that are unwilling to pay for injuries suffered on the job.

A recent New York case involving an injured car salesman bears this out. The worker was given permission by his supervisor to leave the work premises temporarily during a rest period, and he was injured in an accident while driving his car back to the workplace.

A state workers' comp judge found for the worker, saying that his injuries arose in the course of employment, and the state Workers' Compensation Board affirmed.

The employer and insurer appealed, saying that the injury occurred while the employee was on personal business, but an appellate court rejected that claim. The court found that a temporary break -- such as a coffee break or one in which an errand is run off premises -- does not constitute an interruption of employment.

A competent attorney is often required to step forth and assert the law and such a claim to enable an injured employee to prevail on the merits. If you have any questions or concerns regarding a workers' comp matter, contact a proven workers' comp lawyer to fully protect your rights and promote your legal interests.

Source: Insurance Journal, "N.Y. court: Worker injured on break entitled to workers' comp benefits" Young Ha, Jan. 11, 2012