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Workers Compensation

kalstonkalston 4 Posts
in HR & Employment Law Vote Up0Vote Down
My business is a contract management food service company that functions on a college campus. One of my employees was on break but did not clock out for that break. She fell going down the stairs of the student union while on break. Who is responsible for her medical bills. Is she because technically she was on break even though she did not clock out or are we, the company, because she was still on the clock. Please give me any laws to substanuate(SP) the claim. Upper management will not abide with outlaw written law. Help I am really torn.

WC Blues
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  • 4 Comments sorted by Votes Date Added
  • gabgab 46 Posts
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    Do you not pay for breaks?
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  • kalstonkalston 4 Posts
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    No. You must clock in and out for your breaks. You are aloud a 30mn break after 6 hours of work (NC). At 8 hours you take an hour break but you still must clock in and out. This is outlined in her employee hand book where a receipt was received with her signature of receiving the handbook.
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  • Down_the_MiddleDown_the_Middle 771 Posts
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    Your definition of break is more like a meal period than a rest period break. It sounds as tho you're trying to decide if this is a work-related accident (w/comp) and there isn't enuff info for anyone to help you decide. Your internal investigation should reveal addt'l info such as: why didn't she clock out; where was she going when accident happened; was this at start or end of her break;???????? Additionally, your state will define how to determine if the person was doing something that was "arising out of the course of their employment". There's no way to give you a yes or no w/o alot of addt'l info. Talk with your w/comp carrier for assistance in determining if this was work-related.
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  • SystemSystem 5,885 Posts
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    The law on this is different in every state, and it really depends on the details of the situation. Workers' comp would cover it in some states but not in others.

    If you're a member of our Law Center in your state, you can easily search your state's workers' comp statutes and regulations as well as newsletter articles on the subject. If you're not a member, go to our main page at [url]www.HRhero.com[/url], and in the "member login" box, click on "Take the law center tour!"

    You might need to hire a lawyer in your state.
    [url]http://www.hrhero.com/findanattorney.shtml[/url]

    James Sokolowski
    Senior Editor
    M. Lee Smith Publishers
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