While reading a work comp journal this week, I noticed two cases involving the impact of intoxication on work comp claims. Neither case was from Alabama. The two cases reached opposite results. In one, the worker lost his claim and benefits were denied. In the other, the court awarded compensation benefits.
I’ve written previously about the impact of drug and alcohol impairment on Alabama workers’ compensation claims. I’ve also written about the impact of impairment on commercial truck accidents — But that’s another issue.
Most states have provisions in their work comp laws barring claims if the worker’s intoxication or impairment caused the accident. In lawyer terms, the question is usually whether or not the intoxication was the proximate cause of the accident. Every state has unique workers’ compensation laws. So, these provisions can vary from state-to-state.