Can Georgia Employees Claim Workers’ Compensation if They are Injured While Going to Lunch?

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Workers’ compensation is a state-run insurance system designed to provide “no-fault” benefits to employees injured on the job. No-fault means that a worker may receive medical and income replacement benefits without having to establish the employer was negligent or somehow responsible for the injury. However, the injury must occur in the course of employment and not some “individual pursuit.”

Frett v. State Farm Employee Workers’ Compensation

Georgia courts have long held that an employee who is on a scheduled lunch or rest break during the workday is engaged in an “individual pursuit,” and therefore not entitled to workers’ compensation benefits if they are injured during that time. Recently, the Georgia Court of Appeals reaffirmed that principle in a case addressing an employee was injured while preparing to leave work for lunch.

The plaintiff in this case worked as a claims adjuster for an insurance company. As part of her job, the company required the plaintiff to take an unpaid 45-minute lunch break each day. The company staggered lunch times throughout the day using an automated system, which required each individual employee to “log out” before taking the break.

The plaintiff said that although she was free to leave the company’s offices for lunch, she normally ate in an employee break room or on a bench outside the building. On the day in question, the plaintiff logged out at her assigned lunch time and went to the break room to prepare some food. The plaintiff said she intended to take her meal outside to eat on the bench. But as she exited the break room, she slipped and fell on a puddle of water.

The plaintiff later filed a claim for workers’ compensation benefits. An administrative law judge for the State Board of Workers’ Compensation awarded the plaintiff temporary total disability benefits and medical expenses. But the State Board itself reversed the ALJ, holding that the injury occurred while the employee was on a “regularly scheduled break,” and therefore not subject to workers’ compensation.

The plaintiff appealed the Board’s ruling to the courts. The Georgia Court of Appeals, agreeing with a lower court and the Board, agreed the plaintiff was not entitled to workers’ compensation under these circumstances. As the Court noted, the so-called lunch break exception applies “even if the injury occurs within working hours and on the employer’s premises.”

But there was an additional complicating factor. There is another long-recognized rule applicable to Georgia workers’ compensation cases that holds an employer is liable for workers’ compensation benefits during periods of “ingress and egress” from the employer’s premises. This leads to a conflict in the law, the Court explained, because an employee who was injured while leaving for lunch off-premises would receive workers’ compensation benefits, but an employee who is injured while having lunch on the premises would not.

The Court of Appeals resolved this conflict by stating that going forward, it would no longer “apply the ingress and egress rule to the scheduled break exception,” unless the Supreme Court of Georgia directs otherwise. As for the present case, the Court said it was “undisputed” the plaintiff was on her scheduled lunch break when she was injured, so she was simply not entitled to workers’ compensation benefits.

It should be noted the Court’s decision means the plaintiff could choose to pursue a separate personal injury claim against her employer, as workers’ compensation no longer provides the “exclusive remedy” for her situation.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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