Mary was working as a clerk and had the choice of either eating her lunch on her employer’s premises or going out of the office to eat her lunch. There was a strip mall across the road from Mary’s employer that included a food store and a doughnut shop. One day while on lunch break, she decided to cross the highway to get her lunch. Mary picked up a sandwich and some other food to take back to some of her co-employees. Unfortunately, on her way across the highway, she was struck by an oncoming vehicle. As a result of being struck, Mary sustained numerous injuries which would keep her out of work for almost six months.
ISSUE: Is Mary entitled to Workers’ Compensation benefits?
ANSWER: No. Mary would not have been considered in the scope and course of her employment. In cases like this, Mary was actually injured off of her employer’s premises and was in no way furthering her employer’s business or affairs. If Mary had been sent by one of her supervisors to pick up the food, then quite possibly she would have been considered covered under the workers compensation Insurance policy.
If you’ve suffered a work injury and have questions about your claim, contact me at [email protected] or call (570) 347-1011 for a free consultation.