Markhoff & Mittman Blog

Is your employer saying you were drunk and don’t get workers’ comp?

Picture this: you are hurt on the job.  You report the injury and your employer sends you to the hospital for treatment.  The hospital does not administer a drug test, and when you tell your employer they don’t administer a drug test either.  When you apply for workers’ comp because you end up needing surgery, your employer’s insurance company denies the claim, saying you were intoxicated when the accident happened.

Can your employer’s insurer claim you were drunk and deny your workers’ comp claim when there is no proof?

No.  A presumption of intoxication can be made if an employee refuses a drug or alcohol test, but not if they aren’t asked to be tested at all.  If for whatever reason you are not offered a drug or alcohol test, your employer cannot later use that against you and claim you were drunk or under the influence of drugs, especially when there is no other evidence that you were intoxicated.

This is a typical case of an employer and their insurance company trying to take advantage of a worker.  Had the worker just given up, he would have been stuck with hospital and surgical bills.  However, a workers’ comp attorney was there to fight for him.

Got a workers’ comp battle brewing in your life?  Let our skilled New York workers’ comp lawyers fight for your rights!