Workers’ compensation is often referred to as “no-fault” insurance. That’s because workers are generally entitled to benefits even if their injuries were caused by their own mistakes.
There are some exceptions, such as if they intentionally harmed themselves, if there was a “willful failure” to use personal protective equipment, if they were using illegal drugs or if they were under the influence of alcohol. The last one of those has long been a source of conflict between insurers and injured employees. Often, insurers (and the employers involved) have to prove that the injury likely wouldn’t have occurred if the worker hadn’t been under the influence.
Here in New Jersey, the general rule has been that a worker’s intoxication has to be the “sole cause” of their workplace accident for them to be denied workers’ comp. That rule has been upheld by the New Jersey Supreme Court. In one case, the court noted that any changes to the workers’ comp system had to be made by changing the law.
How state lawmakers are proposing to change the law
That’s what some New Jersey state lawmakers are attempting to do. They introduced legislation at the beginning of this year to amend the law, which dates back over a century. The change would place the burden on employees injured while intoxicated to prove that their intoxication wasn’t what caused their accident.
The wording of the proposed amendment states, “If the employee was intoxicated when the injury or death occurred, it shall be presumed that the injury or death was caused by the intoxication and the employee shall be barred from receiving workers’ compensation.”
An employer would still have to prove that an employee was indeed intoxicated at the time of their injury. However, the change in the law would definitely make it easier for employees to be denied workers’ comp benefits than it is now.
The bill still has a long way to go before becoming law — if it does. It’s still important for employers and employees to know the current law and be aware of changes to it. Any employee who faces challenges getting approved for workers’ compensation that they believe they deserve can benefit from getting experienced legal guidance.