Intoxication may be a bar to workers' compensation benefits.
Mixing alcohol and employment can be a recipe for disaster for many reasons. Where there is an injury at work, and alcohol was involved, it could stand in your way of collecting workers’ compensation benefits.
In order to collect workers’ compensation benefits for an injury at work, you need to be able to show that the injury arose out of and in the course of your employment. So what happens when alcohol is added to this equation? It depends on the specific circumstances.
If you are so intoxicated, that you are injured solely because of the effects of the alcohol, it is an easier case for denying benefits. Where it can be proven that alcohol was the sole cause of the accident, then it did not arise out of your employment, and workers’ compensation won’t apply.
However where intoxication contributes to the injury, but is not completely responsible, then you have to look at the facts and see if it was significant enough to render you unable to properly perform your job. If you are unable to carry out your job responsibilities, then the accident did not arise out of your employment, and workers’ compensation benefits will likely be denied.
This issue comes up frequently in a variety of situations. We’re often asked whether drinking at the workplace means you can’t collect workers’ compensation benefits if there was an accident. The answer, perhaps surprisingly, does not depend on how high the blood alcohol level was. There have been cases where even with a high level, the evidence showed the employee was still able to perform his work. It comes down to an analysis of the facts, and what affect the alcohol had on the job, to keep it within employment or take it out.
In a recent case, a man who was a cook in a tavern, stayed after work and was drinking alcohol at the tavern. He attempted to walk down a flight of stairs which were reserved for employees, and fell to his death. The evidence showed that his alcohol consumption was a significant contributing factor in his death, though not the sole factor. But he was denied benefits by the Illinois Worker’s Compensation Commission because it was determined that his intoxication made him unable to safely perform his job duties, which included being able to walk down the stairs on which he fell. Since he was not able to perform his job duties, the accident did not arise from the employment, so benefits were properly denied.
This case shows that, though alcohol consumption doesn’t always mean workers’ compensation benefits won’t be available, it can be a bar depending on the details.
