Workers' Compensation and Self-Inflicted Injuries

By James Hoffmann  May. 19, 2015 2:16p

Are work-related injuries caused by intoxication or injuries that are self-inflicted covered by workers' compensation?

Workers’ compensation insurance does not normally cover work-related injuries if the employee was intoxicated or under the influence of illegal drugs at the time of the accident. Self-inflicted injuries are also not covered by workers’ compensation insurance.

What Are Self-Inflicted Injuries?

Self-inflicted injuries differ from the concept of fault. Accidents caused due to the fault of employees are not always self-inflicted. However, employees who shoot themselves with a gun they brought to work can be considered as self-inflicting their injury. On the other hand, if someone working at the gun range drops a gun while performing a quick draw demonstration may file a workers’ compensation claim since the injury happened while doing something that comes within the scope of employment.

What Are “No Fault” Situations?

“No fault” states seldom take into account the cause of the accident. A common exception in these situations is the use of illegal drugs, particularly in the workplace. The exceptions are included in the system in order to discourage illegal activities at the workplace. Other exceptions include criminal activities, use of illegal drugs, and actions violating company policies.

What if the Employee Denies Being Intoxicated?

Many companies may require the injured employee to pass a drug test after a work-related accident to validate a workers’ compensation claim. In such cases, no compensation may be given when a drug test is declined. However, the interpretation of right to privacy and drug testing requirements is determined by the state. For example, some industries, including the transport and trucking industries, allow unannounced drug testing for its employees.

Do Prescription Drugs Count?

Prescription drugs are exceptions to this rule. The rules are applicable to the illegal use of drugs or the use of drugs that violate company rules. Disability and medical laws protect the use of some drugs. A recent case affected a legitimate workers’ compensation claim after it was established that prescription marijuana played a role in a work-related accident.

Can an Employer Choose to Ignore Intoxication?

Employers have the responsibility of reporting all work-related accidents in detail. Employers are required to give an account of the accident and what caused it in detail on a Report of Injury form or through a report to the insurance company.

Intoxication and the use of illegal drugs may be the basis for denying a workers’ compensation claim. However, there are some exceptions to this rule. Consult an experienced Missouri workers' compensation lawyer to understand the available options and take the best recourse possible.

The Law Office of James M. Hoffmann

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