Hello, I’m New York disability attorney, Brian Mittman. A question I often get is, “If I’m injured during my lunch break, will I be covered for Workers’ Compensation?”
In New York, the general answer is, “No, you will not be covered.” There are some exceptions, such as the special earned rule. That rule, basically, says, “If you’re going to the bank, stopping by to get lunch for your boss, or picking something up at the store, you will be covered.” Another exception would be if you get paid during your lunch break. However, in general, your lunch break is your own time, and if you’re injured, you will not be covered by Workers’ Compensation.