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Do I still get workers comp if I was hit by car during lunch break?

New York, NY |

My shift was from 9-5, I clocked out for lunch at 2. I work at Walgreens in 97th st and while crossing the street on the cross walk having the light I was hit by a car in my uniform..I was then rushed to the ER. Can I receive workers comp although I was on lunch break within my shift?

Thank you guys for the fast responses. I just wanted to be sure I am not losing out in something that I could be entitle to. Just for a update though, I did sustain personal injuries I was rushed to the E.R and am out of work for 2 months. I'm now being treated in therapy. Thanks again. This is a great site.

Attorney Answers 3


The law in each state is different but in my state this would be compensable as a work related accident. There are some very good NY workers compensation lawyers on this site so please consider talking to one of them about your claim

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According to the Appellate Division of the State of New York in Matter of Huggins v Masterclass Masonry, 83 A.D.3d 1345, 921 N.Y.S.2d 722 (3d Dep't 2011), "Lunchtime injuries are generally deemed to occur outside the scope of employment except under limited circumstances where the employer continues to exercise authority over the employee during the lunch break."

Based upon the facts that you describe, I would say that you would NOT qualify for Worker's Compensation benefits based upon this accident. However you are entitled to New York no-fault benefits from the vehicle that struck you. Hopefully the vehicle stopped and you contacted the police. If so, or if in the very least you have identifying information about the vehicle, you would be entitled to bring a claim for no-fault benefits which would cover your medical bills and time out of work for a period of time following the accident.

Also, if you sustained injuries in this accident there is a possibility that you can bring a claim for personal injuries against the driver and owner of that vehicle. I suggest you immediately contact a local personal injury firm to discuss your rights and possibilities. Many firms, including mine, offer free consultations. Good luck!

The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.

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Anthony A. Ferrante

Anthony A. Ferrante


It sounds as though you already have an attorney who is helping you out. Good luck with your claim. If you don't you should seriously consider hiring someone to help you out.


If you were not working at the time of the accident, you would be entitled to No Fault benefits provided by the insurance company for the vehicle that struck you. Lunchtime injuries are generally not covered under Workers Comp. unless the employer exercised some degree of control over your activity. Since you punched out, left the premises and were doing your own thing at the time I the accident, WC would likely not apply. You should submit a No Fault application as soon as possible if you have not already done so. If you were injured, you should consult with a lawyer to determine whether it not you have a compensable claim above and beyond the No Fault benefits.

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