New York Court Approves Workers’ Comp Benefits Despite Employee’s Alleged Intoxication
- posted: Jan. 16, 2025
One of the most important aspects of the workers’ compensation system is that employees are not required to prove fault on someone else’s part to collect benefits. However, in some cases an employer and their insurer will allege that a workplace injury did not occur during the normal course of job duties. In an attempt to deny benefits, they might allege that the claimant was not hurt because they were doing their work, but as a result of impairment from alcohol or drugs.
A recent appeal from a New York Workers’ Compensation Board decision addressed an employer’s attempt to avoid providing benefits based on the victim’s purported intoxication when the injury occurred. In Jose Lujan-Espinzo vs. Electrical Illuminations by Arnold Inc., the Appellate Division, Third Department, reviewed the case of an employee who was injured in a fall while working at height.
New York law allows employers to deny workers’ compensation claims if an injury is caused solely by an employee’s intoxication. Though evidence suggested that Lujan-Espinzo might have been impaired by alcohol at the time he was hurt, he argued that several workplace safety issues also contributed to the fall, including the following:
The absence of a second employee to stabilize the ladder
A potential misjudgment of footing
The lack of safety railings on an elevated work surface
The inherent risks associated with working at height
The Workers' Compensation Board had examined the evidence and concluded that intoxication, while potentially a contributing factor, was not the sole cause of the fall. Upon their review, the appellate panel upheld that decision. Employers cannot rely solely on an employee’s intoxication to avoid providing workers’ comp coverage if other risks or safety lapses are present.
For workers, the ruling highlights that workers’ compensation benefits may still be available even if personal conduct, such as intoxication, played a role in an accident. You should not be dissuaded from seeking the payment you are entitled to for healthcare costs and lost wages even if you might have been partly responsible for what occurred.
If you’ve been injured at work and are facing challenges with your claim, Peter M. Cordovano, P.C. can help. My firm has decades of experience successfully representing New York clients in workers’ compensation actions. Please call 845-640-3846 or contact me online for a free consultation. My office is in Highland.
New York Court Approves Workers’ Comp Benefits Despite Employee’s Alleged Intoxication
- posted: Jan. 16, 2025
One of the most important aspects of the workers’ compensation system is that employees are not required to prove fault on someone else’s part to collect benefits. However, in some cases an employer and their insurer will allege that a workplace injury did not occur during the normal course of job duties. In an attempt to deny benefits, they might allege that the claimant was not hurt because they were doing their work, but as a result of impairment from alcohol or drugs.
A recent appeal from a New York Workers’ Compensation Board decision addressed an employer’s attempt to avoid providing benefits based on the victim’s purported intoxication when the injury occurred. In Jose Lujan-Espinzo vs. Electrical Illuminations by Arnold Inc., the Appellate Division, Third Department, reviewed the case of an employee who was injured in a fall while working at height.
New York law allows employers to deny workers’ compensation claims if an injury is caused solely by an employee’s intoxication. Though evidence suggested that Lujan-Espinzo might have been impaired by alcohol at the time he was hurt, he argued that several workplace safety issues also contributed to the fall, including the following:
The absence of a second employee to stabilize the ladder
A potential misjudgment of footing
The lack of safety railings on an elevated work surface
The inherent risks associated with working at height
The Workers' Compensation Board had examined the evidence and concluded that intoxication, while potentially a contributing factor, was not the sole cause of the fall. Upon their review, the appellate panel upheld that decision. Employers cannot rely solely on an employee’s intoxication to avoid providing workers’ comp coverage if other risks or safety lapses are present.
For workers, the ruling highlights that workers’ compensation benefits may still be available even if personal conduct, such as intoxication, played a role in an accident. You should not be dissuaded from seeking the payment you are entitled to for healthcare costs and lost wages even if you might have been partly responsible for what occurred.
If you’ve been injured at work and are facing challenges with your claim, Peter M. Cordovano, P.C. can help. My firm has decades of experience successfully representing New York clients in workers’ compensation actions. Please call 845-640-3846 or contact me online for a free consultation. My office is in Highland.
