Worker’s Compensation Approved for Employee Injured While Intoxicated on the Job

An appellate court in New York has upheld a decision granting workers’ compensation benefits to a worker injured while intoxicated on the job. The employee, working for an electrical contractor, fell from a ladder while removing items from an elevated shelf. Although a toxicology report showed he was severely intoxicated at the time, the court ruled that intoxication was not the sole cause of the accident.

The employee’s claim for injuries, including a traumatic brain injury, was initially denied by the employer and the workers’ compensation carrier. However, the Workers’ Compensation Board found that other factors, such as the absence of a colleague to steady the ladder, could have contributed to the fall.

The court agreed with the board, citing the "presumption of compensability" under New York’s Workers’ Compensation Law, which requires insurers to prove that intoxication was the sole cause of the injury. As the insurer failed to meet this burden, the claim was approved.