Scranton Area Work Injury Lawyers- Workers Compensation

Date: October 16, 2012

Mary was working as a clerk and had the choice of either eating her lunch on her employer’s premises or going out of the office to eat her lunch. There was a strip mall across the road from Mary’s employer that included a food store and a doughnut shop. One day while on lunch break, she decided to cross the highway to get her lunch. Mary picked up a sandwich and some other food to take back to some of her co-employees. Unfortunately, on her way across the highway, she was struck by an oncoming vehicle. As a result of being struck, Mary sustained numerous injuries which would keep her out of work for almost six months.

ISSUE:          Is Mary entitled to Workers’ Compensation benefits?

ANSWER:     No. Mary would not have been considered in the scope and course of her employment. In cases like this, Mary was actually injured off of her employer’s premises and was in no way furthering her employer’s business or affairs. If Mary had been sent by one of her supervisors to pick up the food, then quite possibly she would have been considered covered.


If you’ve suffered a work injury and have questions about your claim, contact me at or call (570) 347-1011 for a free consultation.

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.