Legal Question in Employment Law in Pennsylvania

The legal question is whether the employee is in the course and scope of employment. If he is, the Pa Workers Compensation Act applies. If she is not, the Act does not apply.

Although there are exceptions to the rule, it is very hard for an employee to prove that she is in the course and scope of employment while on a lunch break. Whether you are paying them is only one factor and a very minor one. I see no difference between the first 30 minutes and the remaining 15 minutes for the purpose of your inquiry.

Leaving the work site creates an even greater separation from the course and scope of employment. (Employees can be found outside the course and scope of employment even when injured on the employer's premises although other rules create a higher exposure to claims for injuries on your premises.)

Under the facts stated, I would advise any possible new client seeking representation that they did not have a viable claim. (I routinely represent employees in WC claims in PA.) These cases are very fact sensitive, so the following disclaimer is even more pertinent.

This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship.