In a recent case, a court elected to award workers compensation benefits to a part-time restaurant cook who happened to receive a nasty bite from a co-worker’s dog at work. Interestingly, the cook was on his smoke break when the injury occurred. However, the court was unpersuaded by arguments asserting that the injury occurred outside the scope of employment. Instead, the court determined that the employee’s smoke break was only a temporary departure from his work to attend to his personal comforts and, thus, it did not take him out of the course of his employment. Further, the court concluded that smoking intervals that do not interfere with work duties are acceptable deviations from work. It labeled said breaks, “intervals for leisure”, that are permissible and fall within the scope of employment.
It is important to know your rights whenever you are injured at work. If you got hurt on the job and are unsure whether you qualify for workers compensation, you should consult an attorney.
Contact an Experienced Workers Compensation Lawyer
The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question. We look forward to helping you. All communications are returned promptly.
Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today.
