Workers’ compensation is typically considered “no-fault” insurance, meaning that even if an employee bears some responsibility for the accident that injured them, they can still receive workers’ comp benefits. There are a few exceptions to this, such as if an employee intentionally tried to harm themselves, was engaged in “horseplay,” or was impaired by alcohol and/or drugs at the time of their injury.
In a case last year, however, a New York appeals court ruled that if a worker is under the influence when they suffered an injury, that’s not necessarily grounds for being denied workers’ comp benefits. Let’s look briefly at this case and what it means for other New York workers.
A look at the case and the rulings
A man who suffered serious injuries when he fell off a ladder at work was denied workers’ comp because his employer argued that he was drunk at the time he fell. However, the New York Workers’ Compensation Board (WCB) determined that other factors were present that could have also contributed to his fall, including “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.”
In its ruling, the WCB stated that the employer failed to prove that the man’s intoxicated state was the only reason he fell, so he was entitled to workers’ comp benefits. The appeals court upheld that ruling.
Certainly, it’s never smart to mix drinking or drug use with work. When that work involves things like climbing on a ladder, the result can be deadly. Nonetheless, what this case shows is that fighting a denial that you believe is unfair or doesn’t follow workers’ comp law can be worthwhile. If you believe you were wrongly denied benefits, it’s wise to get a legal evaluation of the case.