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Intoxication On-the-Job

Intoxication at time of injury may bar workers' compensation claim

It is probably no surprise to learn that the ability to claim workers' compensation benefits could be affected if an employee was intoxicated at the time of a workplace accident. In most employment situations it is inappropriate to be intoxicated at work, and if intoxication causes a workplace accident workers' compensation will not be available for a related injury. Although this principle seems clear these cases are more complicated than they seem. The mere fact that an employee is intoxicated at the time of the injury does not necessarily prevent an award of workers' compensation benefits. Certain other factors must generally be shown.

In every workers' compensation claim a claimant must be an employee and their injury must arise from the course and scope of employment. If an employee was intoxicated at the time of their injury an employer could argue that the employee was making an unauthorized departure from their normal course of employment so that the injury did not arise from the course and scope of their employment. Generally, however, mere intoxication does not constitute a departure from employment sufficient to prevail on this argument, there needs to be something more.

An employer could argue that the employee was in violation of an employment rule if there is a policy against being under-the-influence at work. Violating a rule, however, does not automatically mean that the employee cannot be compensated for their injury. Generally it must also be shown that the employee was acting outside the scope of employment, and that the intoxication was a substantial causal factor for the injury.

Grounds for denying a workers' claim are based on statute. Some states have laws that explicitly state that intoxication at the time of the incident bars an employee from receiving benefits. Standards for when intoxication precludes the receipt of benefits vary state-to-state. In rare cases, mere intoxication at the time of the accident can prevent the worker from receiving benefits but in most cases the intoxication must also be a substantial factor is bringing about the accident.

Some states do not have laws to specifically address the issue of intoxication but they have laws that prevent employees from receiving workers' compensation benefits if the employee's willful misconduct contributes to their injury. Willful misconduct generally means an intentional act that is an extreme departure from ordinary care. Intoxication at work can sometimes be considered willful misconduct depending on the particulars of the case. For intoxication to be considered willful misconduct it must usually be shown that the employee intended to become intoxicated.

As unlikely as it seems, an employee injured while intoxicated at work may be able to collect workers' compensation benefits. Courts are reluctant to forfeit an employee's right to get workers' compensation benefits, and construe state statutes in favor of the employee. There are usually many factors, besides intoxication, that must be considered before a claim is denied. It is often necessary for an employer to show that they did not contribute to the problem by acquiescing in or encouraging employee intoxication.

What Constitutes Intoxication On The Job?

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What Constitutes Intoxication On The Job?

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