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Check time records when employee claims work injury

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in Human Resources

Employers are responsible when their employees suffer injuries at work. But what about injuries that happen before the employee clocks in?

A federal court has ruled under some circumstances, the employee isn’t eligible for disability benefits.

Recent case: Linda DiMeglio was a police officer for the village of Briarcliff Manor. While she was in the locker room changing into her uniform before her 3-11 p.m. shift began, she fell.

She applied for disability benefits available to officers hurt during the course of their duties. Her request was denied because the call for medical help was logged in at 2:47 p.m., 13 minutes before her shift started. She appealed the denial.

The court tossed out DiMeglio’s case, reasoning that putting on her uniform before clocking in was not covered duty time. (DiMeglio v. Village of Briarcliff Manor, No. 07-Civ-3324, SD NY, 2010)

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