Visitor Question

Cut finger while on lunch break?

Submitted 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.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Chris,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 12, 2014

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