In Florida, the answer is yes. Workers’ Compensation carriers in Florida are required to provide medical and wage loss benefits to workers who are injured while using the bathroom.
Though the workers’ compensation insurance companies will be quick to deny the claim if they can, the law allows for care to be provided under the Personal Comfort Doctrine. This provision of the law shows that it is understood that that employees need breaks, and that those breaks are related to and for the benefit of the employer. Can you imagine not being able to get up to go to the bathroom or to not be able to take a drink of water?
As long as you don’t take a large deviation from your job, like driving home 30 minutes to use the bathroom, an injury that occurs in the course and scope of your employment, including using the bathroom, is a covered and compensable workers’ compensation case.
Don’t be embarrassed if you were hurt while taking a bathroom break, a water break or grabbing a bite to eat. If you were hurt while involved in one of these, or a related, activity, you are entitled under the law to have your medical care and lost wages paid for by your employer’s workers’ compensation insurance carrier.
If you were hurt at work and think you may have a workers’ compensation claim, call an experienced workers’ compensation attorney at The Law Offices of Franks, Koenig & Neuwelt immediately.
