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Can I Sue If I Was Injured While Working Off the Clock on a Construction Site?

Not every workplace injury happens during a scheduled shift; sometimes accidents happen before you clock in or after you leave. Most people assume that means you’re not covered or don’t have any options, but that’s not always the case.

 

In some situations, you may still be able to seek compensation depending on what you were doing and how the injury happened. Our New York attorneys explain how these situations are usually handled and what to keep in mind below.

When Are You Considered Off the Clock Under New York Law?

"Off the clock" usually means you're not working and not getting paid, but that doesn't always mean you're not doing your job.

 

In New York, the situation is usually a bit more nuanced. You might still be doing your job if someone asks you to get there early or do something quickly before you leave. The same is true for tasks that help your employer, even if they happen outside of your regular hours.

 

The location of the injury, whether you were still at work or on property owned by your employer, can also affect how your claim is handled in the end.

Can I Sue If I Was Injured While Working Off the Clock on a Construction Site?

If someone else's carelessness or unsafe working conditions caused your injury, you may be able to file a personal injury claim. It's important to remember that this is different from workers' compensation, but it can still apply even if you weren't working.

 

If your injury was caused by broken equipment or a mistake made by another contractor, you might have a solid case. If your boss expected you to keep working without pay and you got hurt while doing so, the same thing applies.

What Counts as an Off-The-Clock Workplace Injury?

An off-the-clock workplace injury is any injury that happens while you're not working but is still related to your job. This could happen in any situation, like when you hurt yourself while picking up materials or doing a task for your boss before or after your shift. Even something as simple as walking through a parking lot that isn't well-kept after work could fall into this category if it's connected to your job.

Are Off-The-Clock Injuries Covered By Workers’ Compensation?

The short answer is that it depends on the situation. In New York, workers' compensation usually pays for injuries that happen while you're doing your job. You might still be able to get benefits if you were on your employer's property or doing something work-related, even if you weren't technically on the clock.

 

However, if you were doing something personal or were completely off-site and not working, workers' compensation likely wouldn't apply.

Steps to Take After Any Workplace or Off-The-Clock Injury

You should always start by getting medical help as soon as you can, no matter what. Even if you think the injury isn't serious, having proof will help link it to the event. After that, tell your boss what happened. This will make a record that you will need, whether you are filing for workers' compensation or making a claim.

 

You should also document everything you can. Everything from photos of the scene to details about what you were doing and any conversations with supervisors could become important later.

What Evidence Can Strengthen Your Off-The-Clock Claim?

Generally speaking, the goal is to show what happened, where it happened, and why it was connected to your job. This could include:

 

  • Photos of unsafe conditions
  • Records of your injuries
  • Statements from coworkers
  • Etc.

 

It can also help to keep any communication that shows you were asked to perform work outside your scheduled hours. Even texts or emails could help establish that you were acting under your employer’s direction.

 

The bottom line is, the more clearly you can show the connection between your injury and your job, the stronger your case will be.

Frequently Asked Questions

What If My Employer Told Me to Stay Late, But Didn’t Pay Me?

If your boss asked you to keep working, you might still be considered on the job, even if you weren't paid. If this is the case, it could help both a worker's compensation claim and a possible lawsuit because it shows you were following their orders.

Does Workers’ Comp Cover Travel to and From Work?
Am I Covered If I Were Injured on a Lunch Break?

Key Takeaways

Being off the clock doesn’t automatically mean you’re not covered, especially if the injury was work-related.

Some injuries may qualify for workers’ compensation, while others may all fall under a personal injury claim.

What you do after the injury, including reporting it and documenting evidence, can directly impact your case.

Schedule a FREE Consultation with Our Personal Injury Attorneys Today!

If you were injured on a construction site, even off the clock, it’s worth finding out what your options are. At Field Law Group, we help workers understand their rights and take the next step toward complication.

 

Not sure where your situation falls? Contact us or call 212-739-7278 today to schedule a FREE, no-obligation consultation.

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