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Drunk Worker Granted Benefits Even Though Drunk on the Job
A recent case in New York clarified how intoxication may impact workers’ compensation claims. In Lujan-Espinzo v. Electrical Illuminations by Arnold Inc., the Workers’ Compensation Board awarded benefits to a worker who was severely intoxicated when he fell from a ladder at work.
This decision rested on New York’s requirement that employers prove intoxication was the sole cause of an injury for it to disqualify a worker from compensation. In this case, the board ruled that additional factors—like the ladder’s lack of stability—could have contributed to the accident, making it impossible for the employer to meet this high burden of proof.
Workers’ compensation laws related to intoxication differ from state to state. Generally, most states include provisions that limit or deny benefits if an injury is a direct result of the employee being intoxicated. However, the level of restriction and requirements for evidence vary.
For instance, in Texas, if an employee is intoxicated at the time of injury with a blood alcohol concentration (BAC) of 0.08 or higher, workers’ compensation benefits can be entirely denied.
Specifics can vary, with many states incorporating language that considers intoxication as a potential bar to compensation but with nuances depending on the evidence and degree of impairment.
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