We have seen stories about employees being intoxicated whether by drugs or by alcohol and getting injured on the job.  Does this automatically disqualify them for workers’ compensation benefits?  One would think that since most employers have an anti drug and alcohol policy that this would automatically disqualify them for comp benefits.

In many states there must be a few factors that an employer needs to prove for an intoxication defense.  First of all the employer needs to prove that the employee was intoxicated at the time that the injury occurred.  Second, the employer needs to prove that the alcohol actually caused the injury to the employee.

Taking a look at a real life situation could look something like this – if a construction worker working with a scissor lift is injured because of a malfunction with the equipment, he would still be entitled to comp benefits.  However if the same worker was intoxicated and because of being intoxicated falls and has his hand crushed in the scissor lift, the employer may have a valid intoxication defense.  An employer needs to successfully prove that the injury was caused by intoxication.

• Should an injury occur at work most employers usually require a drug and alcohol test to be taken immediately after the injury occurs.  An employer should make sure that a valid test is conducted and that the chain of custody is properly followed should this need to go to court.
• An employer should conduct interviews with fellow co-workers to gauge the level of work the injured employee was involved in and also if there is a history of intoxication at work or odd behavior.
• Review medical records of the injured worker.  For example an injured worker may go for a drug test and test positive for opioids – however they may have a valid prescription for a pain medication from a doctor for an ongoing issue.
• Should you suspect the an injured worker’s injury was caused by intoxication consult your legal team immediately as this could turn into a long court battle.

Any workplace injury can turn into a sticky situation and it can become even more complex if the worker is intoxicated.  It is important to have a proper protocol in place for any injury that occurs in the workplace.  As an employer the best thing is to be proactive and have a valid safety program in effect because if you can keep injuries at bay, your risk goes down along with your comp.