close
Win
Free Case Evaluation

Fill out this quick form to get a free case evaluation by our expert attorneys.

  • This field is for validation purposes and should be left unchanged.
Form icon
Phone icon
Do I have Case? CALL US

1 800 HURT 511

The Sanders Law Firm

Drug & Alcohol Use At Work

Anyone who gets injured or becomes ill at the workplace can claim benefits under workers compensation. An injured employee can seek medical benefits, wage loss benefits, and permanent disability benefits under the Missouri workers’ compensation system. The worker is entitled to benefits irrespective of the type or severity of their injuries. However, the injured worker may lose their right to workers’ compensation under these circumstances. First, whether the injured worker violated the company’s safety policy in relation to the injury. And the second depends on whether the worker was under the influence of alcohol or drugs at the time of the injury.

Where the injury is caused by the failure of the employee to use safety devices, or from the employee’s failure to obey any reasonable rule adopted by the employer for the safety of employees, the compensation and death benefit provided for herein shall be reduced at least twenty-five but not more than fifty percent.”

However, the law also states that in such a case, the employer will have to prove that the injured worker had knowledge of the safety policy adopted by the employer, and that the employer had made reasonable efforts to educate the employees on the use of safety devices and to follow the safety policy adopted by the employer to ensure the safety of workers. If an injured worker was not wearing his eye gear at the time he sustained the injury, and the injury could have been prevented had he worn the safety gear, the workers compensation benefits including permanent partial benefits and temporary total benefits can be reduced by 25-50%.

Where the employee fails to obey any rule or policy adopted by the employer relating to a drug-free workplace or the use of alcohol or non-prescribed controlled drugs in the workplace, the compensation and death benefit provided for herein shall be reduced fifty percent if the injury was sustained in conjunction with the use of alcohol or non-prescribed controlled drugs.

The law further states that if use of non-prescribed drugs or alcohol in violation of the company policy is found to be the proximate cause of the employee’s injury, the benefits under workers compensation, including disability and death benefits, shall be forfeited. For instance, if an injured worker is due to receive a $10,000 as a settlement for permanent partial disability and the insurance company is able to prove that the employee violated the company policy against alcohol or drug use, the settlement amount may be reduced to just $5,000.

For more information and enhance your company’s fall protection program this spring and summer contact HURT-511 and our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights and Woodlawn.

Share on facebook
Share on twitter
Share on linkedin

Related Posts

google Trusted Reviews

From Our Clients

Stephanie De La Cruz
quote

I was an UBER passenger and the car got rear-ended by a utility van. I called 1-800-HURT-511 since a friend dealt with them before and I was glad I did. My attorney was extremely professional and aggressive when necessary. He was transparent from the start and didn’t complicate things unnecessarily.

Stephanie De La Cruz
Jordan Barnes
quote

Serious team effort from the entire staff to get my work injury case resolved quickly. They built a strong case and kept me in the loop for the duration. This team also delivered on two previous occasions and did it in a very cost-effective way. A faithful customer for life thank you!

Jordan Barnes
Kevin Diaz
quote

I highly recommend HURT-511! When the insurance companies turned me away after a scary scooter accident that nearly killed me, a lawyer at HURT-511 stayed and fought for me and recovered the entire policy! Their staff is well-informed and always available to answer my questions. They treated me like one of their own and I made the right decision to stick with them. Thank you so much!

Kevin Diaz
https://hurt511.com/wp-content/uploads/2021/05/guy-left-image.png
Can’t decide what’s best for you?

Call our 24 x 7 helpline to discuss your case now.

Call Us Phone icon
Our locations
  • QUEENS OFFICE

    163-07 Depot Road, Suite 101
    Flushing NY 11358

    104-70 Queens Blvd., #501
    Forest Hills NY 11375

  • BRONX OFFICE

    2932 Wilkinson Ave,
    The Bronx NY 10461

  • BROOKLYN OFFICE

    1733 Sheepshead Bay Rd, Suite 43
    Brooklyn NY 11235

  • LONG ISLAND OFFICE

    100 Herricks Road,
    Mineola NY 11501

    100 Garden City Plaza, Suite 500
    Garden City NY 11530

  • FLORIDA OFFICE

    100 Golden Isles Dr, #906
    Hallandale, FL 33009

https://hurt511.com/wp-content/uploads/2021/05/no-win.png
Free Case Evaluation

Fill out this quick form to get a free case evaluation by our expert attorneys.

  • This field is for validation purposes and should be left unchanged.