Compensation may be payable for injuries sustained on a lunch or coffee break even if there is no connection between employment and the injury.
Compensation is payable if an injury happens when:
you have already attended work for the day;
you have temporarily left your workplace during an ordinary recess or authorised absence; and
you have not voluntarily subjected yourself to any abnormal risk of injury.
If these criteria are satisfied, compensation is payable regardless of the cause of the injury.
For example, in Parsons Brinckerhoff Australia Pty Ltd v Vanceva [2011] NSWWCCPD 72 the worker left her office to get some coffee. While in the café she had a seizure due to a pre-existing medical condition. The seizure caused her to fall to the ground and she suffered injuries to her head and face in the fall.
She was eligible to receive compensation for the injuries sustained in the fall, but not for the pre-existing condition.
Contact us for more information.
DISCLAIMER: This blog is made available by Mortimer Fox Lawyers to give you general information and a general understanding of the law, not to provide specific legal advice. Unless otherwise stated, all information provided pertains to injuries sustained in or in connection with New South Wales. By using this blog you understand that there is no solicitor client relationship between you and Mortimer Fox Lawyers. This blog should not be used as a substitute for legal advice. If you require legal advice please contact us for an appointment.
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