FC&S recently received a question from a subscriber asking about liability coverage for injuries a restaurant employee suffered while on a lunch break from work. The details were a little sketchy (we don't know the state or exactly how she was injured), but the gist of the situation was that the claimant had taken a meal break from waiting tables. During the break she was "also watching her tables" and "would get up as needed," apparently to serve them. Somehow, she was injured during this time period.
The Workers' Comp carrier denied coverage on the basis that the injury did not arise out of the course and scope of the claimant's employment. The agent asked whether we thought the restaurant's Business Owners' policy should pay under the Liability section.
Hey, wait a second: Are we sure Workers' Comp wouldn't apply for an injury that occurred during a meal break when the employee was still "watching her tables"?
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