Injuries on Lunch Breaks

Workers’ Compensation Lawyers Serving Schaumburg and Wheaton


For many people, the workday is long and tiring. One of the only breaks that a worker may have is to eat lunch. Unfortunately, workplace injuries can happen anywhere and at any time, including on a person’s lunch break. If you have been injured on your lunch break, the injury may or may not be covered by workers’ compensation. This is a complicated issue and having an experienced legal advocate to help you navigate it can make all the difference in your case. Our skilled Schaumburg and Wheaton workers’ compensation attorneys can methodically examine the circumstances surrounding your injury and provide you with an honest evaluation of your claim for benefits.


Illinois Law on Employees Taking Breaks
Under Illinois law, employers are required to provide a meal break to employees who work at least seven and a half consecutive hours. This break must be at least 20 minutes long and must start no later than five hours after the start of the shift. It is important to note that these are not paid breaks. When it comes to hotel room attendants, Illinois law mandates that these workers get a 30-minute break if they work at least seven hours. Hotel room attendants are also entitled to two paid rest breaks for 15 minutes each if they work at least 7 hours.
Workers’ Compensation for Injuries on Lunch Breaks
Illinois law requires most employers to carry workers’ compensation insurance to protect their workers. Under the Illinois Workers’ Compensation Act, workers can generally receive workers’ compensation benefits for injuries that arise out of the course and scope of employment. As mentioned earlier, a workplace accident can happen anywhere and at any time. A worker might be injured after a slip and fall accident in the office kitchen or in a car accident coming back to work from a lunch break. If you were injured on a lunch break, obtaining workers’ compensation is complicated. Every case is different and whether you will be entitled to compensation benefits will depend on a number of factors that an experienced attorney can help you analyze.
Typically, for an injury to be considered work-related, it must fulfill the following criteria: i) the injury must have taken place in a zone of employment; ii) the injury must be directly linked with working duties; and iii) the injury must have not happened during commuting hours or other unpaid hours. As such, an employee who is hurt in an on-site cafeteria will more likely be able to receive compensation than someone who got hurt while out to lunch at a restaurant. However, an employee who gets hurt while running a work-related errand would be covered by workers’ compensation.
Workers’ Compensation Benefits
If your injury does, in fact, qualify for workers’ compensation benefits, you may be entitled to the following: 100 percent coverage of all reasonable and related medical expenses, with no out-of-pocket costs or co-pays, and temporary total disability (TTD) while you are temporarily unable to work. TTD is 2/3 of an injured worker’s average weekly wage. For workers who are injured but can still work light duty or on a part-time basis, an employer may pay temporary partial disability benefits for the difference in earning from the time prior to the injury. We can evaluate your case and determine which type of benefits would be most appropriate in your situation.
Schaumburg and Wheaton Lawyers for Workers’ Compensation Claims
If you were injured at work during a lunch break, you can contact an experienced Schaumburg and Wheaton attorney. At Therman Law Offices, we are committed to helping you pursue the benefits you may deserve after being injured on the job. We will give you a realistic assessment of your claim so that you are not wasting any time. If your claim does have merit, however, you can you can take comfort in knowing that we will zealously advocate for your rights. We proudly represent clients from Mt. Prospect, Hoffman Estates, Streamwood, Elgin, Bartlett, Arlington Heights, Hanover Park, Wood Dale, Bloomingdale, Bensenville, and Roselle. Contact us today to set up a free consultation. You can reach us via phone at 312-588-1900 or contact us online.


Chicago 773-839-8944
Wheaton & Schaumburg 847-744-8400

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