In California, workers’ compensation is designed to support employees who suffer job-related injuries or illnesses. A frequent question arises regarding the impact of drug or alcohol use on eligibility for these benefits. Specifically, does being high or drunk mean that an injured worker automatically does not qualify for workers’ compensation?
Workers’ Compensation eligibility
All part- and full-time employees in California are generally eligible for workers’ compensation. State law mandates that employers with at least one employee must provide this coverage. This rule extends to most part-time, full-time and many seasonal workers.
Intoxication and Workers’ Compensation
California Labor Code 5705(b) stipulates that an employer can use an employee’s intoxication as a defense against a workers’ compensation claim if they can prove that intoxication was the proximate cause of the injury. This means that if the employee’s drug or alcohol use significantly contributed to the injury, they may be ineligible for benefits.
However, merely testing positive for drugs or alcohol is not enough to disqualify an employee from receiving benefits. The employer must also demonstrate a direct link between the intoxication and the injury.
Drug testing challenges
Drug tests, particularly for substances like marijuana, can detect use long after the effects have worn off. As a result, a positive test does not automatically indicate impairment at the time of the injury. Employees who test positive may still qualify for workers’ compensation if they can show that their impairment was not the cause of their injury.
Conclusion
Being under the influence at the time of a workplace injury can affect eligibility for workers’ compensation in California, but it does not automatically disqualify an employee. The critical factor is whether the intoxication directly caused the injury. Understanding your rights and the specifics of California’s workers’ compensation laws is essential.