Work breaks are part of the working day. You might leave your desk to buy lunch, walk to the staff kitchen, use the bathroom, step outside for fresh air, or take a short break between tasks. But what happens if you are injured during that break?
Many workers assume they are only covered by workers compensation if they are injured while actively doing their job. That is not always the case. In NSW, injuries during work breaks may still be covered, depending on where the injury happened, what you were doing, and whether the break was connected to your employment.
Work Break Injuries Can Still Be Work-Related
A work injury does not always need to happen while you are performing a specific work task.
SIRA explains that a worker may be able to claim workers compensation if they are injured during an ordinary work break, such as morning tea or lunch, or during an authorised temporary absence from work.
In practical terms, this means a worker may still be covered if they are injured while doing something ordinary during a break.
For example, a worker may have a claim if they slip in the staff kitchen, fall on the stairs while going to lunch, trip in the office car park during a break, or are injured while walking to a nearby café during an authorised lunch break.
The key issue is usually whether the break was part of the ordinary workday and whether the worker was doing something reasonably connected to that break.
It Does Not Always Depend On Employer Fault
Workers compensation is different from a public liability claim.
In many workers compensation claims, the injured worker does not need to prove that the employer was careless. The focus is usually on whether the injury is sufficiently connected to work and whether the legal requirements for compensation are met.
That can be important for break-time injuries.
For example, if a worker slips on a wet floor in the staff kitchen during a lunch break, the claim may still be considered under workers compensation even if no one can prove exactly who caused the spill.
That does not mean every break-time injury is automatically accepted. But it does mean the claim is not always about proving the employer did something wrong.
Ordinary Breaks Are Different From Personal Detours
A short lunch break, tea break or bathroom break will usually be easier to connect to work than a longer personal activity that has little to do with the working day.
For example, a worker who falls while walking to a nearby café during an authorised lunch break may be in a different position from a worker who leaves work during lunch to run a lengthy personal errand far away from the workplace.
The question is not always simple. Insurers may look at whether the break was authorised, whether the worker had attended work that day, where the injury occurred, how long the worker was away, and whether the activity was a normal part of taking a break.
Examples Of Injuries During Work Breaks
Break-time work injuries can happen in many ways.
A worker might:
- slip in a staff kitchen
- trip on stairs while leaving for lunch
- fall in a workplace car park
- be injured walking to buy food
- hurt themselves in a bathroom or shared facility
- be injured during a short authorised absence
- fall while using a common area in an office building
Some claims may be straightforward. Others may be disputed because the insurer says the worker had stepped outside the course of employment or was doing something unrelated to work.
For example, a worker who walks to the usual café near the office during lunch may have a stronger connection to work than someone who uses the break to attend an unrelated personal appointment across town.
When A Claim May Be Disputed
Insurers may review break-time injury claims carefully because the line between a work break and a private activity can become unclear.
A claim may be questioned if the worker was away from the workplace for a long time, doing something risky, acting against instructions, or engaging in an activity that was not a normal part of a break.
For example, taking a short walk to buy lunch is different from using a break to participate in an unauthorised risky activity. The more unusual the activity, the more likely the insurer may look closely at whether the injury should be treated as work-related.
This does not mean the claim will fail. It means the evidence needs to explain the situation clearly.
Evidence That Can Help
Good evidence can make a break-time injury claim stronger.
Helpful evidence may include:
- the time and location of the injury
- proof that you had attended work that day
- witness details
- incident reports
- CCTV footage
- photos of the hazard or location
- medical records
- rosters or timesheets
- messages confirming the break or work schedule
- details of workplace policies about breaks
If the injury happened away from the workplace, evidence about the route, timing and reason for the break may also matter.
For example, if you were injured walking to buy lunch, a receipt, phone location history, witness statement or nearby CCTV may help show that the injury occurred during an ordinary lunch break.
Medical Evidence Still Matters
Even if the injury happened during a work break, the injury itself still needs to be proven.
Medical records help show what injury was suffered, when symptoms started, what treatment was needed, and whether the injury affected your ability to work.
It is usually helpful to seek medical treatment as soon as reasonably possible and clearly explain how the injury happened.
For example, if you fell during a lunch break and injured your knee, the early medical notes should record the fall, the location, the symptoms and the connection to the work break. Clear records can reduce confusion later.
What Workers Compensation May Cover
If the claim is accepted, workers compensation may assist with weekly payments if you cannot work or have reduced capacity, reasonably necessary medical treatment, rehabilitation support and some related expenses.
The exact entitlements depend on the injury, medical evidence, work capacity and the stage of the claim.
For many workers, the first issue is getting treatment approved and making sure the insurer understands how the injury happened.
Getting Legal Advice Can Help
Injuries during work breaks can sit in a grey area. Some claims are accepted because the injury happened during an ordinary break. Others are disputed because the insurer says the worker was doing something personal, unauthorised or too disconnected from work.
Law Advice’s team of professional workers compensation lawyers assists injured workers by reviewing the circumstances of the injury, identifying the evidence needed, responding to insurer questions, and helping determine whether a work break injury may be covered by workers compensation.
If you were injured during a lunch break, tea break or authorised absence from work, early advice can help clarify your options and strengthen the way your claim is presented.