Intoxication, Work, And Workers' Compensation Don’t Mix

Today's post comes from guest author Paul J. McAndrew, Jr. from Paul McAndrew Law Firm of Iowa.

Most of us know that, for both professional reasons and in the interest of safety, remaining sober while on the job is essential. However, it is important to also recognize that workers who are intoxicated at the time that they sustain a work injury stand a far lower chance of ever collecting workers’ compensation.

If the blood test shows the presence of alcohol or drugs, odds that the employee will be able to collect workers’ compensation are much lower.

This is because of the intoxication defense: if an employer can prove that intoxication was the cause of the workers’ injury, then they employer is not required to provide workers’ comp for that injury. Now, there are some notable

Duration of Temporary Disability Payments Increasing

NCCI Holdings Inc. reports the duration of the average payment of workers' compensation temporary disability benefits is increasing.


When a worker is temporarily disabled as a result of a work-related injury so that he or she is unable to perform his job, the worker is entitled to temporary compensation benefits. If an employee is not absent from work, temporary compensation benefits are not payable.  An employee may be entitled to multiple periods of temporary disability benefits as a result of a particular injury. When there is a dispute with regard to the payment of temporary disability benefits and the respondent-employer has contested their payment either from the date of the accident or following the termination of medical care, the employee may look to the State or to a private temporary disability carrier for payment.

New Jersey standards for temporary disability benefits:
Temporary Disability

• When out of work and under authorized medical care for more than 7 days (retroactive), you are entitled to receive temporary disability benefits not to exceed 70% of the State Average Weekly Wage (SAWW).
• Authorization to return to “light duty” is interpreted by the Courts as a return to full time employment and temporary disability benefits will stop. If you remain under medical care and if your employer does not have “light duty” work available you may be entitled to continued temporary disability benefits.

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For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.


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