Injured during a Coffee Break? – Injuries during what is called a personal comfort moment like a coffee break throughout a work day, are considered part of employment hours. If you need to go outside for fresh air or stand up and walk around a bit, anything for personal comfort is considered part of the job, and if you accidentally get injured, it’s covered under Workers’ Compensation.
Injured while Goofing Around During a Coffee Break?
If you or your coworkers are goofing off, doing something dangerous or not, and you get injured, this might still be covered under Workers’ Compensation depending on the circumstances.
Courts will look at what is called a five-part test. One of the factors in this test is to determine to what extent your supervisor or boss tolerates the horseplay. This injury might be covered under Work Comp, particularly if it’s part of the work.
Fault Doesn’t Matter In Order To Have Injury Covered
In Workers’ Compensation, it doesn’t matter who caused the injury. If the injury is your fault, your employer’s fault, or someone else’s fault, it does not matter. The fault is immaterial and you would still be covered for that injury.
If your employer tells you that you are not covered because it was your fault, it would not apply or be the case for the injury.
We’re here to help
The cases can be very complicated and fact-dependent, so if you or your loved ones have been injured on the job in Colorado, we can help you. Call or text us at 970-356-98-98, all of our consultations are free and confidential.
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