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Home | Blog | Injured during a break from work? Can you make a compensation claim?

When a worker is injured at work there is basic protection of this worker, whether it be under the workers compensation scheme or what is called the Comcare compensation scheme for large national employers.

Both the workers compensation scheme and Comcare scheme cover workers for injury during what is called an authorised recess, which is usually a lunch break.

Injured during a lunch break

This will seem fair enough to most people that if they were injured during a lunch break they should have protection and an entitlement to workers compensation benefits and that is indeed the law. These entitlements basically include: –

  1. Reasonably and necessary medical treatment and associated expenses; or
  2. Payment of loss of wages.

There are rules about what medical expenses and amount of wages should be paid however that should be discussed with your lawyer.

The Administrative Appeals Tribunal recently dealt with ABC presenter, Maryanne Demasi’s, comcare claim regarding a recess.

Maryanne on the morning of 14 January 2015 was working from home and went for a run at about 9:30am that morning. Unfortunately, for Maryanne she fell and was severely injured dislocating her right hip and fracturing the femoral head which required admission to Royal Prince Alfred Hospital and surgery.

There was some controversy about whether or not she was authorised to work at home however the case was won and lost on the key question of whether this was an authorised recess and the Administrative Appeals Tribunal found that in the circumstances of a 9:30am morning run that this was not authorised by her employer and therefore there was no comcare workers compensation entitlement.

This may of course have many ramifications for people who say go to the gym at lunchtime and many people may wonder if they are covered if they injure themselves at the gym for example or simply going for a lunchtime run.

Whether you are covered or not will often depend upon the specific circumstances of your injury and circumstances of your employment and if you are injured at all from when you start work to when you finish work of a day you should certainly contact a lawyer to discuss your potential entitlements. Our expert team at Turner Freeman Lawyers are happy to have a no obligation chat to you about your potential entitlements if you are injured during the course of your employment.

So contact our team of Personal Injury Lawyers today for more information on 13 43 63.

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