If you get injured at work while off the clock, you may need workers’ compensation benefits to help you heal from your injury. In some cases, workers who are not actually being paid at the time of injury can receive benefits.
Working Off the Clock?
Unfortunately, many workers end up working off the clock for various reasons. Maybe their managers ask them to stay late, maybe they are doing closing duties, or maybe they haven’t finished their assigned tasks. Working off the clock usually means these people are not being paid.
Just because you clocked out does not mean you are out of luck when it comes to workers’ compensation. In Minnesota, you do not need to be on the clock or even actively performing work to receive benefits. The laws cover workers acting in the course of and arising out of employment. Generally this includes workers who are only present at the workplace because of the fact they were working (as opposed to being present for some other reason). It also includes workers who aren’t necessarily following the time clock rules.
If you were working off the clock when you got injured, you may have trouble getting all the benefits you deserve. Among other reasons, the insurance company may claim that you were not working at the time. Additionally, the insurer could say that you do not deserve wage loss benefits that account for the time you worked off the clock.
Off the Clock, But Not Working?
Injuries in the workplace can happen at any time, including after everyone clocks out and gets ready to go home. Even if you have stopped working when you get injured, insurance may still cover you. It depends on what you were doing at the time of the injury. If you were purchasing items from the business where you work or socializing with coworkers, it is less likely that you can receive benefits. But if you were simply closing the business or walking to your car on the premises, you may be covered.
Again, insurance companies try to argue that workers who were no longer clocked in are not covered by insurance. This could save the insurers money on paying benefits. If you are struggling to obtain workers’ compensation benefits in Minnesota, talk to a lawyer as soon as possible. Experienced workers’ compensation lawyers should be familiar with insurance company arguments and can help you fight back for the benefits you deserve.
Need help getting workers’ compensation for your injury? Joe Osterbauer, Esq. and the Osterbauer Law Firm stand up for injured Minnesota workers’ rights. Joe’s 27 years of workers’ compensation experience and his team’s speedy service combine to get clients the results they need. To schedule a free consultation, visit Osterbauer Law Firm online or call Joe’s office at (612) 334-3434.
