Sir, Have You Been Drinking? Alcohol, Drugs and Workers' Compensation

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Most of us have seen the commercials where the police officer asks, “Sir, have you been drinking?” It’s a question they must consider at every traffic stop. It’s also a question and issue that should be explored in workers’ compensation cases.

Intoxication – whether by alcohol or illegal drugs -- can provide an absolute defense in workers’ compensation claims. However, employers must take care to document such a defense properly, or it can evaporate in a matter of days. Employers also must recognize that drug cases are far more difficult to document and prove than alcohol cases and must take extreme care in pursuing such a defense.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Steve Burke | Attorney Advertising

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