Who Is Responsible When an Intoxicated Construction Workers Is Injured?

Construction sites are dangerous places for workers. They involve heavy machinery, exposed heights, live wires, and industrial chemicals. Construction workers have to be aware of safety hazards to stay safe while on the job. Alcohol, drugs, or even not getting enough sleep can make construction projects more dangerous for workers.

Construction workers are generally protected by workers’ compensation laws for workplace accidents. However, if an employer claims a worker was drunk or high at the time of the accident, they can deny coverage.

If you have questions about workers’ compensation benefits after a construction site accident, talk to a construction accident lawyer for legal advice.

Are Intoxicated Workers Covered by Workers’ Compensation?

Workers’ compensation gives employees broad protections for job-related accidents and injuries. Most employers are required to carry workers’ compensation insurance, especially for construction work. Workers’ compensation pays for an injured worker’s medical expenses and partial wage replacement for injuries occurring in the course of employment.

According to the Occupational Safety and Health Administration (OSHA), the construction industry has some of the highest rates of worker fatalities. Construction site injuries can involve head injuries from falling from scaffolding or ladders, electrocution, chemical gas inhalation, or injury by heavy machinery.

Under workers’ compensation no-fault laws, workers don’t have to show their employer was negligent in the accident. However, for not having to prove negligence, injured workers are limited in what they can recover. An injured worker generally can’t sue for pain and suffering and non-economic damages from their employer.

Workers’ comp does not cover all workplace accidents and injuries. There are limited situations when an employer can deny a workers’ comp claim, including:

• Injuries caused by intoxication by alcohol or drugs
• Injuries happening outside the workplace
• Workers intentionally causing accidents

Why Did My Employer Deny My Workers’ Comp Claim?

When you seek medical attention for a work-related injury, you expect that your employer will approve the claim. Unfortunately, some employers or insurance companies routinely try to deny workers’ comp claims. If your claim is not approved, you will have to pay your own medical bills.

If you caused the accident because you were violating safety standards or were under the influence of alcohol at the time, your employer may have a valid reason for denying coverage. However, some employers wrongly deny coverage for worker injuries for financial reasons. Common reasons employers deny workers’ comp claims include:

• A construction worker was intoxicated or under the influence at the time of the accident
• An injury claim was not filed in time
• A construction injury happened when the worker violated safety regulations
• A workplace injury was never reported

The state workers’ compensation board has an appeals process for injured workers to appeal their cases. If your claim was denied, talk to your attorney about your options for an appeal.

How Can I Prove I Wasn’t Drunk or on Drugs During a Worksite Accident?

If your employer claims you were drunk or on drugs when a construction accident occurred, you have a right to defend yourself against those accusations.

Generally, when an employer claims impairment, they have the burden of proof to show that you were actually intoxicated. This means your employer would have to provide evidence or support to show you were drunk or on drugs. Evidence could include:

• Video images showing you drinking alcohol or taking drugs
• Evidence of alcohol in the work vehicle or on the job site
• A post-injury drug or alcohol test
• The testimony of other workers

If your employer presents any evidence in support of their claim, you have a chance to respond. Your attorney can present evidence to support your case that you were not intoxicated or that any intoxication was not to blame for your injuries. For example, your lawyer may be able to prove that other hazardous conditions in your work environment caused your accident.

How Can a Workers’ Compensation Accident Lawyer Help?

Injured construction workers are typically protected by workers’ compensation claims. Before accepting anything or facing a claim denial alone, talk to a construction accident lawyer about your legal options. Your lawyer can closely look at the facts of your case and determine whether an appeal of your denied workers’ compensation claim or a personal injury lawsuit is the better option.