Intoxication, Work, And Workers’ Compensation Don’t Mix

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Today’s post comes from guest author Paul J. McAndrew, Jr. from Paul McAndrew Law Firm in Iowa. For Nebraska, I would note that the law is slightly different, but similar, in this sort of a situation regarding workers’ compensation and intoxication.

Most of us know that, for both professional reasons and in the interest of safety, remaining sober while on the job is essential. However, it is important to also recognize that workers who are intoxicated at the time that they sustain a work injury stand a far lower chance of ever collecting workers’ compensation.

If the blood test shows the presence of alcohol or drugs, odds that the employee will be able to collect workers’ compensation are much lower.

This is because of the intoxication defense: if an employer can prove that intoxication was the cause of the workers’ injury, then they employer is not required to provide workers’ comp for that injury.

Now, there are some notable exceptions. First of all, it’s not enough for a worker simply to have a high blood alcohol reading, or to have drugs in their system. The employer must be able to convince the workers’ compensation judge that the intoxication was a substantial factor in causing the injury.

If an employer can prove that intoxication was the cause of the workers’ injury, then they employer is not required to provide workers’ comp for that injury.

Secondly, if the worker’s intoxication results from activities that were in pursuit of the employer’s interests, or if the employer encouraged employees to drink, the intoxication defense does not apply. For example, if the employer provides alcohol at a work-related event like an office party, and the injury happens shortly thereafter, then the intoxication defense doesn’t apply. Another example would be an event where alcohol is a reimbursable expense, such as a sales dinner, or during work-related travel.

All that said, if a properly administered drug-test indicates that the employee was intoxicated during the time of the work accident, the odds that they will be able to collect workers’ compensation are much lower.

The offices of Rehm, Bennett, Moore & Rehm, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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