If the insurance company can prove that your injury was likely caused by your impaired judgement due to alcohol intoxication; you lose. Sometimes a person drinks the night before, then goes to work the next day less than 100%. Maybe you have one too many at an after work holiday party with co-workers who alert management after your injury occurs.
How can the insurance company prove on-the-job alcohol intoxication?
1. If your urine same or blood test show a blood alcohol concentration of .08 or higher at the time of injury, you are legally intoxicated and workers compensation claim can be denied.
2. When the insurance company suspects that you were alcohol-impaired but have no urine same or blood test to admit as evidence. They may have your co-workers testify that you were drunk on-the-job. An effective way to defeat this strategy is to have your co-workers write statements that they worked with you that day, that they observed you, and they believe you were acting normally and had full use of your mental and physical faculties. Armed with these written statements from your co-workers, the judge will examine the evidence and testimonials, then make a ruling.
3. If you are injured at work, immediately get an attorney who specializes in workers comp cases Your attorney may choose to get statements from your co-workers. The testimonials that they may provide could be critical to your success. As such, the insurance company will want to dissuade them for testifying. Let’s get started >