A prospective client was under the influence of alcohol when on-the-job accident happened. He wanted to know if he still could recover workers’ compensation?
The answer is most likely, no. There can be no recovery if the worker is intoxicated or under the influence of controlled substances and if that intoxication caused the injuries. If you misstepped or used poor judgment with machinery, intoxication would be the cause and you would not get benefits. However, if you are under the influence of alcohol and are a passenger in a vehicle and another vehicle hits you, you could get workers’ compensation benefits. It would be compensable because being under the influence was not the cause of the accident.
Either way… all the more reason to not drink at work. There is a time and a place for everything