Your Employer Says Your Work Injury Happened Off the Clock—Your Next Steps
Workplace injuries can be painful, stressful, and embarrassing. But when your employer claims that an injury happened off the clock, they can also be expensive. In California, we enjoy significant workers’ rights—so if your employer is trying to deny your claim without cause or pin your injury on something else, it’s time to talk to a California workers’ compensation attorney.
For decades, attorney Scot Thomas Moga has fought passionately for the workers of California. He knows that even though the workers’ compensation system is meant to be straightforward, the issues that employees face are often incredibly complex. He strives to secure maximum compensation for his clients and protect their rights as workers. Discuss your case with our California workers’ compensation law firm by calling us at 909-931-2444.
What “Off the Clock” Means in Workers’ Compensation Disputes
When a California employer claims that an injury happened off the clock, they generally mean that the worker was not officially performing job duties at the time of the accident. Managers or business owners may have a simplified understanding of workers’ compensation where an employee who isn’t clocked in cannot claim workers’ compensation. This is not the case, as California’s workers’ compensation law doesn’t necessarily rely strictly on clock-in and clock-out times.
For example, a manager may claim that an employee wasn’t yet clocked in for the day, had clocked out already, or was on a break when they were injured. They may assume that this is enough proof that the worker was engaged in a personal task, not a work task, at the moment that they were injured.
Situations Where Injuries May Still Be Covered
There are situations where an off-the-clock injury isn’t covered. For example, someone may be on an unpaid break when they start roughhousing with another employee. If they are injured and suffer a broken wrist, the employer may have a valid claim that they were injured due to their non-work-related actions.
However, in many cases, an employee is still entitled to compensation—especially if they were only off the clock because an employer was engaged in wage theft. Working with a workers’ compensation lawyer in California can help you clarify which category your claim falls into. Examples include:
- Employee setting up for their shift before clocking in
- Employee helping one more customer after clocking out for break at the direction of their manager
- Employee working after clocking out to clean up or catch the next shift up on the day
This ties closely into wage theft claims. Some businesses save a substantial amount of money by requiring employees to show up 10-15 minutes early and use that time to get prepared for their shift—but then not pay them for it. You may also see this in retail and food service settings where a business owner gets away with telling employees to clock out at closing time but then requiring them to stay late to close. In these cases, the employee is engaged in their work, even though they are not on the clock. Additionally, they may be owed back wages from their employer. If an employer pushes back against a work injury in this way, talking to a workers’ compensation attorney should be your next step.
Why Employers Dispute Work Injury Claims
Employers may dispute workers’ compensation claims for a variety of reasons. They may be unsure about when the injury occurred and if it was related to the employee’s job duties. They may also deny a claim if they believe the injury is falsified or exaggerated for the sake of collecting workers’ compensation benefits.
In some cases, claims are denied in bad faith. An employer or insurer may know that the claim is valid but deny it anyways, knowing that many employees do not know their rights and next steps after a denied claim. Workers’ compensation lawyers can step in at this point and advocate for employees being taken advantage of by rogue employers.
Even if your employer denies your claim, you should fill out paperwork with the California Division of Workers’ Compensation and seek medical care. This starts the process by proving your injury and ensuring that the DWC is aware of your injury.
Injured at Work and Denied Benefits? Let Our Workers’ Comp Law Firm in California Help You
Our workers’ compensation law firm fights for your rights when you are denied the benefits you deserve. Schedule a time to talk now by calling us at 909-931-2444 or filling out our online contact form.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.
