If an Injury Occurs While an Employee Is on Break, Should We File a Workers' Compensation Claim?

by Mammoth Team on January 30, 2018

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Q: An employee injured themselves while on break and had to be taken to urgent care. Does this injury fall under workers’ compensation even though it occurred during a break?

A: Whenever an employee makes you aware of an injury or accident during the workday or at the workplace, your best course of action is to file a claim with your workers’ compensation carrier. Once the claim is in their system, you can work with the carrier to determine if the claim is valid. If you have concerns, you can (and should) raise them with the carrier.

Once the carrier has the claim and related information, they can analyze the issue and decide whether they want to dispute or negotiate the claim and what benefits will or will not be offered. Like you, they want to control costs, so they will be on your side as circumstances allow.

If the employee does not wish to file a claim, you should still have them complete the claim form to document the incident. You should also be sure to document that the employee declined to file for benefits.


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Topics: Compliance, Best Practices

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