Several months ago, the Commonwealth Appeals Court decided a workers’ compensation case which involved an employee who, while walking to a nearby sandwich shop during a break, suffered a fall and required medical care. Due to his injuries, which included head trauma, his doctor deemed it necessary for him to take time off work. However, the workers comp. insurance company refused to pay the employee any benefits. The company argued that the employee’s injury occurred while “attending to personal needs” rather than while furthering the business. Ultimately, the Judge awarded the employee with benefits, and the Commonwealth Court agreed. Per the company’s policy, which authorized employees breaks without permission when business was slow, the worker was, in fact, not on a scheduled lunch period, but was still “on the clock.” Cases which involve injuries at work are not only fact-specific, but decisive upon factual evidence. Therefore, by relaying specific facts, an injured worker has a better chance of winning a case.
