Mardep Sarkaria, who broke her right leg when she fell from a ladder after smoking a cigarette on the Richlands McDonald's roof 10 minutes before her shift, won Industrial Court of Queensland battle for worker's compensation this week.

Justice Glenn Martin ruled in Ms Sarkaria's favour after her compensation claim was initially rejected by WorkCover Queensland in February 2017.

In accordance with the restaurant's policy, Ms Sarkaria arrived at the McDonald's 10 minutes before her shift started at 9pm on November 1, 2016.

During that time, she climbed a three-metre ladder from the storeroom to get to the McDonald's roof for a cigarette break. She fell while climbing back down and was injured.

WorkCover initially rejected Ms Sarkaria's claim for cover and her first appeal, to the Queensland Industrial Relations Commission, was dismissed.

WorkCover argued the roof was not a designated smoking area for staff, but both parties accepted it was accessible for staff to clean on a regular basis.

Ms Sarkaria, who had not technically started her shift, did not ask permission to access the roof and ignored a warning sign on the ladder not to proceed.

Despite this, she argued she was injured on the job and that her workplace was a significant contributing factor to her injury.

WorkCover was also of the view that, because Ms Sarkaria had not started her shift, the injury occurred while she was on an "ordinary recess" during which she subjected herself to an abnormal risk of injury.

The judge did not agree, overturning the QIRC's rejection of Ms Sarkaria's appeal and making an order that the compensation claim be accepted.

"Although none of the employees at the restaurant would serve a customer, or cook food, or lift a mop from the time they arrived until their shift commenced they had, in my view, commenced work," Justice Glenn Martin said.

"Their presence at the place of employment at a fixed time before their shift commenced meant that the people they were replacing could leave in a timely way at the end of their shift and there would be no disruption to the efficient conduct of the enterprise."

Queensland Law Society president Bill Potts said this was an example of workers being covered, despite not beginning work duties.

"If an employee is required to be at the workplace 10 minutes early or travel as part of their work then in most circumstances, any injuries done to them whilst at work are capable of receiving compensation," he said.

"This does not necessarily mean they have to be engaged in activity related to work; an injury could happen during a lunch break or having a smoking break on the roof."

Mr Potts said it was appropriate for someone to be injured during work hours or part of their work duties, even though it could be caused by negligence.

"It is only fair and just to receive this," he said.

"...People who are employed have to take good care of themselves but in that sense, it's not a free-for-all.

"There is a difference between Workers' Compensation and Workplace Health and Safety legislation, in that the compensation has to be connected properly for employment rather than provide a safe workplace and safe work practises.

"An employer would presume to be used for certain purposes like a ladder and generally a requirement for workers to remain in a positive behaviour.

"Employers can't wrap employees in cotton wool and employees can't behave in a negative way.

"Compensation is not about an unjust enrichment, it's about ensuring have a safety net in connection of their work."