Can You Still Get Workers’ Comp if You Fell at Work but Were Off the Clock?

 Posted on November 30, 2025 in Workers' Compensation

If you fell at work but off the clock, the details of your case matter for a workers’ compensation claim. Maybe you tripped on a wet floor in the break room or fell in the parking lot on your way to your car. Even though you were not officially working, you were still on your employer’s property. In California, the line between being "on the job" and "off the clock" can be complicated. Our Hollister, CA workers’ compensation lawyers can help you understand how the law applies to your situation and what steps to take next.

When Are You Considered "Off the Clock" Under California Law?

Under California Labor Code § 3600, workers’ compensation benefits apply only to injuries that occur "in the course of employment." This means your injury must have some connection to your work duties or your work environment. Being "off the clock" usually means your workday has ended, or you have not yet started your shift. However, there are times when an injury happens before or after work that still counts as work-related.

Are Off-the-Clock Injuries Ever Covered by Workers’ Comp?

Even if you were off the clock, you may still qualify for benefits depending on where and how the accident occurred. Workers’ compensation laws recognize that some tasks and locations are tied to your job, even if you are not being paid at that moment. 

California workers’ compensation law recognizes exceptions to the ‘going and coming rule,’ including the premises line rule. If the injury occurs on the employer’s property, or in an area the employee is reasonably expected to use, it may still qualify as work-related.

For example, if you fall in the employee parking lot after your shift, that area is part of your employer’s property. If the hazard that caused your fall, such as poor lighting or uneven pavement, was not your fault, your injury could be covered. Some other examples of situations that may still qualify for workers’ compensation include:

• You slipped on a wet floor while walking out of the building after your shift.

• You fell while dropping off company paperwork after hours.

• You stayed late to help a coworker and were injured before leaving.

• You slipped on the sidewalk outside while taking out company trash at the end of your shift.

• You were injured while returning work equipment to storage before heading home.

Each situation depends on the facts, but what matters most is whether your activity was related to your employment or occurred on company property.

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

You are responsible for proving that your fall was work-related. Start by reporting your injury as soon as possible. You have to notify your employer within 30 days of the incident, and you want to document everything. Take photos of the area where you fell, and ask for copies of any incident reports. Get statements from witnesses who saw what happened. Visit a doctor right away and explain that the injury occurred at work. Medical records showing a direct link between your injury and the incident will be important.

You might meet some resistance from your employer and the insurance company. Having strong documentation helps prove your claim and protects your right to benefits.

Schedule a Free Consultation With a San Benito County, CA Workers’ Compensation Attorney

The experienced Hollister, CA workers’ compensation lawyers at Raul Martinez Injury Law Firm have built a long history of helping injured workers throughout the region. For nearly 30 years, we have proudly served clients in Gilroy and the surrounding communities. Our current team brings more than two decades of combined experience to every case, using that knowledge to protect the rights of injured employees.

If you were injured off the clock, do not assume you are ineligible for benefits. Contact a trusted attorney today at 408-848-1113 to schedule a free consultation and understand your legal options. Hablamos Español.