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

more+
less-

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.

LOADING PDF: If there are any problems, click here to download the file.