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Employers Liable For Injuries If The Employee Was Intoxicated?

April 11, 2023
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Employers Liable For Injuries If The Employee Was Intoxicated?

Are employers financially responsible for a work-related injury if the injured employee was under the influence of drugs and alcohol?

It is important to note that laws and regulations may vary depending on the jurisdiction and the specific circumstances of each case. However, in general, if an employee is injured at work while under the influence of drugs or alcohol, the employer may not be held financially responsible for the injury.

In many jurisdictions, workers' compensation laws typically provide benefits for employees who suffer work-related injuries, regardless of fault. However, these laws often include exceptions for cases where the employee's injury was caused by their own willful misconduct or intoxication. If it can be proven that the employee's drug or alcohol use was the primary cause of their injury, the employer may not be required to provide workers' compensation benefits.

It is essential for employers to have clear drug and alcohol policies in place, as well as to conduct post-accident drug and alcohol testing when appropriate. This can help establish whether an employee was under the influence at the time of the injury and protect the employer from unwarranted financial liability.

That being said, even if an employer is not financially responsible for the injury, they may still have a legal obligation to provide a safe working environment and to take steps to prevent similar incidents in the future.

Ultimately, the specific details of each case and the applicable laws in the jurisdiction will determine whether an employer is financially responsible for a work-related injury involving an employee who was under the influence of drugs or alcohol. It is recommended that employers consult with legal counsel to understand their rights and responsibilities in such situations.

Questions?  or need an employment lawyer? - marcia.washkuhn@kutakrock.com  Employment Law | Services | Kutak Rock LLP

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