Many workers in New York find themselves arriving early, staying late, or doing quick errands for their boss after hours. But what happens if you’re injured during that time—when you’re technically “off the clock”? Can you still file a lawsuit or receive compensation for your injuries?
Let’s look at how the law handles these situations and what options you may have.
What “Off the Clock” Means Legally
Being “off the clock” typically means you’re not being paid, you’re not clocked in, and you’re not performing your usual job duties during your scheduled shift. However, this definition isn’t always clear-cut. Some employers may ask—or pressure—you to work just before or after your shift, even though you’re not officially being paid for it. If you’re injured during that time, the law still may recognize that injury as work-related.
When You Can Sue
Even if workers’ compensation doesn’t apply, you may still be able to file a personal injury lawsuit in New York if:
- A third party caused your injury: For example, if you slipped on a wet floor in the building’s lobby managed by another company, or were hit by a delivery truck in the parking lot.
- There were unsafe conditions on the premises: Employers must maintain a safe work environment, even before and after shift hours. If poor lighting, icy walkways, or broken stairs contributed to your injury, you may have a case.
- Your employer pressured you to work off the clock: If you were asked to run errands or perform job duties off the clock, and that led to your injury, you might be able to pursue a claim—even if you weren’t being paid.
When Workers’ Comp Doesn’t Apply
Workers’ compensation in New York usually covers injuries that occur while you’re on the job, but it doesn’t always apply if:
- You weren’t on the premises
- You were doing something outside your job duties
- You weren’t acting under the direction of your employer
This is where a personal injury lawsuit may come into play, especially if a third party or hazardous condition caused the injury.
Key Evidence to Support Your Claim
To strengthen your case, you should gather:
- Witness statements from coworkers or others who saw the incident
- Photos or video of the area where you were injured
- Communication records such as texts or emails showing that your employer asked you to stay late or perform tasks
- Medical records detailing your injuries and treatment
FAQ
Am I covered if I was injured on a lunch break?
It depends. If you were still on the employer’s premises or doing something work-related (like picking up supplies), you may still have a case.
Can I sue if I was picking up supplies for my boss after hours?
Yes. If your employer asked you to do something job-related and you were injured while doing it, you may be able to file a personal injury lawsuit.
What if my employer told me to stay late but didn’t pay me?
That can be crucial to your claim. If you were working under direction, even without pay, the law may still consider you “on the job.”
If you’ve been injured while working off the clock, contact Gash & Associates, P.C. in White Plains, NY at (914) 328-8800 for a free consultation. We’re here to help protect your rights.
