The New Jersey appellate court recently upheld a judge’s decision allowing an injured mechanic to receive workers’ compensation benefits despite the fact that he was intoxicated at the time of the accident.
The employee’s blood alcohol level was more than twice the legal level of intoxication when a heavy lift fell on him. Generally, if you are injured on the job in New Jersey while intoxicated (or if the injuries are self-inflicted), you are not entitled to receive workers’ compensation benefits for your injuries. Though there may be recourse against third parties, such benefits are the sole remedy you can receive from your employer at the time of the injury. In this specific case, however, the workers’ compensation judge found that the employee’s intoxication was not the sole cause of the accident. The New Jersey appellate court affirmed that decision upon finding sufficient evidence to support judge’s findings about the accident.
The lawyers at Leonard Sciolla have substantial experience in handling workers’ compensation matter in New Jersey and Pennsylvania and can assist you if you have been injured in the course of your job. Call Gregory Sciolla or Heidi Anderson at (215) 567-1530 or (856) 273-6679, or contact them through our website at www.leonardsciolla.com.
Published December 14, 2016