Cut finger while on lunch break?

by Chris
(Silver Spring, MD)

I cut my finger while I was on my lunch break at work. My breaks are broken down into two 15 minute breaks which I am paid for, and a 30 minute lunch break in which I am not paid for. If it happens that this finger gets infected, can I file I workmans' comp claim? Does it matter that I was on my lunch break? Thanks.

Visitor Question:
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ANSWER for "Cut finger while on lunch break?":

Chris (Silver Spring, MD)

Unfortunately, in the State of Maryland, workers' compensation does not cover workers’ injuries which occur during lunch breaks. The only exception would be if your employer required you to perform services for him or her during the time you were on your lunch break.

Your interests would be best served by speaking with your supervisor or employer. They may be able to contact their workers' comp insurance carrier and convince them to cover the claim. While it’s doubtful the insurance company will agree to do so, you have nothing to lose and everything to gain by making such a request.

In the alternative, you may have to file a claim with your own health insurance company. If your insurance company covers your injury, they may turn around and subrogate against your employer. To subrogate means to seek reimbursement for the compensation paid to you for your injuries.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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