What if the employee was drinking or using drugs when the injury occurred?
The employer isn’t necessarily off the hook. The employer may use alcohol or drug use as a defense only if it can prove the employee was impaired at the time the injury occurred. The employee’s intoxication must be the proximate cause of the accident in order to deny benefits. Further, unlike in many other states, employers are always responsible for the negligent actions of fellow employees when they’re acting within the scope of their jobs. Employers may not use the so-called “fellow servant” rule as a defense.