My employer denied my claim saying I was on a break


The Ramos Law Firm prosecuted a case where the Employer contested an injury that occurred while the employee was using the bathroom.  The Georgia workers’ compensation law provides that acts performed by the employee for his or her own comfort (using the restroom, quenching a thirst or eating a snack, or seeking shelter in a storm), while on the job are “incidents of employment.”  Therefore, should an injury occur during this time “on the clock”, those injuries would generally be covered under workers’ compensation.  See, Edwards v. Liberty Mutual, 130 Ga. App. 123 (1973).  However, if the injury occurs during a regularly scheduled lunch break or rest and the employee is free to use this time as he or she wishes, then an injury arising during that time may not be accepted under the workers’ comp code. See, Wilkie v. Travelers, 124 Ga. App. 714 (1971).

If you have been injured while on the job, call the Ramos Law Firm.