Workers’ compensation benefits are typically available for people who suffer an injury at work even if they were in part responsible for the injury. This means a worker who wasn’t exercising the caution they should have generally isn’t denied benefits as long as they weren’t intentionally trying to harm themselves or someone else or engaged in “horseplay” as it’s called in workers’ comp parlance.
Another exception to workers’ comp “no-fault” policies is when an injury resulted from the worker being under the influence of alcohol and/or drugs. However, in some cases, a worker who was impaired at the time they suffered an injury may still qualify for workers’ comp if other factors were at play.
What to know about a 2024 New York appeals court ruling
Last year, for example, a New York appeals court upheld a New York Workers’ Compensation Board (WCB) ruling that a man was entitled to workers’ comp benefits for serious injuries he suffered after falling off a ladder when he was intoxicated. His employer contended that he only fell off the ladder because he was drunk at work and therefore not entitled to benefits.
The WCB determined that other factors contributed to the accident. These included “the absence of another employee holding the ladder, a simple misjudgment of footing, the lack of a safety railing on an elevated surface or the inherent risk of working at height.”
The Board ruled that because the man’s employer couldn’t meet the “heavy burden” of proof that his intoxication was the only cause of the accident, he was entitled to workers’ comp. The appeals court upheld that ruling.
Being under the influence of alcohol and/or drugs (even some legally prescribed ones) can certainly place workers and those around them at serious risk of injury – particularly if they work in already risky occupations. However, it’s important for New York employees to know the law when it comes to their right to workers’ comp benefits. That’s one reason why anyone facing a denial or a fight from their employer or workers’ comp insurer is wise to get experienced legal guidance to protect their rights.