Injuries that occur during authorised recesses are deemed to arise out of or in the course of employment.
If, for example, you go to the local shopping centre on your lunch break, slip over and hurt yourself, you would be eligible for WorkCover benefits. If you step away from your work station for your tea break and someone runs into you with a trolley, you would also be eligible.
Adviceline Injury Lawyers have a case for an injured worker who slipped in a shopping centre on her lunch break. Whilst this client had started trying to claim compensation from the shopping centre owners, we were able to advise her that she was covered by WorkCover, help her to lodge a claim and have this claim accepted.
The advantage of proceeding through the WorkCover system is she was able to access the benefits payable under this scheme (such as medical expenses and weekly payments) without having to prove that it was anyone's fault first.
The only exclusion to you accessing the WorkCover system is if you voluntarily subject yourself to abnormal risk of injury. So if you use your break to go and do something reckless, then you probably won't be covered!
If you would like more information about the WorkCover scheme, you can access free advice by calling one of our lawyers directly on (03) 9321 9988.