If an employee is on lunch but the company doesn’t have them punch out, can they sue if they get hurt?

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If an employee is on lunch but the company doesn’t have them punch out, can they sue if they get hurt?

The company I started with recently doesn’t have anyone punch out for lunch paid lunch. If one of them get hurt whether they are on the property or they leave the property at this time can they sue the company? So we have employee that work 9-5 Monday-Friday get an hour lunch but still get paid for 40 hours. If they leave and get in an accident can they sue the company because they were still on the clock?

Thank You

Asked on August 10, 2016 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Just being "on the clock" does not mean you can sue your employer: your employer is only liable for your injuries if it was at fault in causing them. So say you leave the premises and are hit by a car while crossing the street--your company is not liable for that. You sue the driver who hit you, not your employer. Liabilty for injuries, accidents, etc. (e.g. what the law calls "torts") is based on fault.


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