Employees injured on site during breaks are entitled to workers’.
Recent case: Cynthia worked as a customer service representative for Verizon Wireless. She was required to take a one-hour unpaid lunch period every day. Verizon allowed employees to stroll through the building for exercise during their breaks.
While Cynthia was walking one day during her break, she slipped on ice chunks that had fallen from a soda machine in a hallway. She hurt her knee, aggravating an old injury. She filed for workers’ compensation.
Verizon argued that she wasn’t working at the time she fell. The court said that didn’t matter. She was taking a required lunch break, walking in an area where she was encouraged to walk and fell. That made her eligible. (Mintz v. Verizon Wireless, No. COA12-306, Court of Appeals of North Carolina, 2012)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Federal court clarifies 'Protected activity' under the FLSA
- You can establish rule calling for discharge if injury causes lengthy absence
- HR as mobsters: Supreme Court lets workers use organized-Crime law to sue their employers
- Arbitration agreement should stand on its own, separately from employee handbook