Amtrak recently released an internal report showing that their workers at 51% more likely to fail drug and alcohol tests, when compared to the average for the rail industry. This is very alarming to Amtrak since workers who are impaired are significantly more likely to harm themselves and those around them.
However, in New Jersey, an intoxicated worker who is injured on the job is still very likely entitled to workers' compensation benefits. The same holds true for a worker under the influence of drugs, whether they be legally prescribed or street drugs. To deny an injured worker benefits, the insurance company must show that the intoxication was the “sole and proximate” cause of the injury. This is a difficult burden for them to meet. If the injury is the result of any other connection to the job or any other contributing cause, then the impaired worker is entitled to benefits. By example, an injured worker with a blood alcohol level of .29% was found to be entitled to benefits because a crane hook he was using was not working properly.
Intoxication cases are very fact-sensitive. They often require an investigation into machinery and statements from coworkers. Statements given by the injured worker himself are particularly important. If you were injured in a New Jersey work accident while intoxicated, you need someone on your side who understands NJ workers' compensation law and will fight for you. Call a Morristown workers' comp lawyer today for help. Manfred Ricciardelli has 20 years of experience protecting the rights of injured NJ workers. He will argue on your behalf to make sure that you get the benefits you deserve for your accident. Call 973-285-1100 or fill out our online contact form to schedule a free consultation.