A car salesman who was injured off-site and while on break is paving the way for others who may have been injured during the work hours, but not necessarily while performing their job. A New York car salesman, who was granted permission to pick-up spaghetti dinners and was injured in a car accident on his way back to work, was recently awarded workers compensation for the injuries he sustained in the off-site car accident.
Typically, New York workers compensation is given when an injury occurs while the employee is performing a task directly related to a person’s job. As of late, more and more compensation has been awarded for injuries that have been sustained while in the workplace, not just while performing job related tasks. A slip on an icy walkway or a laceration from a broken door may also qualify for workers comp payments.
There are four different types of workers compensation which will play into the amount of compensation that an employee is entitled to receive. The types are permanent total disability, permanent partial disability, partial temporary disability and total temporary disability. All types of disability will need a doctor’s verification. To qualify for workers compensation, the employee must be injured or sick while performing some function of the job. Transportation time to and from work does not qualify.
Because commute time typically doesn’t qualify, the above scenario is groundbreaking. The courts decided that a short break is related to the job and therefore any injuries that occur during breaks are eligible for workers compensation. Even after the employer appealed the initial findings of the workers comp judge, the 3rd Judicial Department of the New York Supreme Court’s Appellate Division upheld the decision.