Visitor Question

Can I file a workers comp claim if I already clocked out for the day?

Submitted By: Anonymous (Nevada)

I worked my shift and had already clocked out. After clocking out I was walking out of the building and tripped and fell in the parking lot, fracturing my ankle. My question is: Can I file a workers compensation claim if I had already clocked out of work? 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 Anonymous,

Yes you can file a Workmans Compensation claim. Even though you clocked out you were still on your employer’s property. Workmans Compensation insurance typically covers injuries sustained on an employer’s property, even if at the time of the accident the employee was coming into or leaving work.

This rule does not usually apply to employees who are injured while driving to and from work, although there are some exceptions. Your employer may at first not agree with you. They may attempt to dissuade you from filing a claim.

Normally the large chain restaurants will do everything they can to help an injured employee. There are though some smaller, privately owned restaurants which are less cooperative. Regardless, do what you need to contact the restaurant’s insurance company representative.

If your employer or manager hesitates or refuses to give you access to their insurance information, do not be dissuaded. Go online and find out the name and address of the company’s headquarters. Contact them. They will give you the name and address of their insurance company.

Any medical bills you’ve sustained so far should be reimbursed by the Workmans Compensation insurance company. You will be assigned a claim number and a Claims Adjuster will contact you to set up your benefits, including lost wages and continuing medical treatment.

The only downside to the process is the possibility of the company replacing you. Workmans Compensation can do a lot to help an injured employee, but they are seldom able to protect an employee’s job.

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: August 22, 2011

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