Petrillo & Goldberg
Excels for our clients
Talk to an Attorney
Get a Free Case Evaluation
Close

Does an employee’s intoxication at the time of an injury bar their recovery of workers’ compensation in New Jersey?

Maybe. An employee’s intoxication can bar their recovery of workers’ compensation in New Jersey, but the defense is hard to prove. The employer must show that the injured employee was intoxicated at the time of the injury. This can be done with blood or urine analysis.

For an intoxication defense to succeed, more than just showing the employee was intoxicated is required. The employer must show the employee’s intoxication was the sole cause of the accident. Other factors that may have contributed to the accident include a slippery floor, weather conditions or the fact that the employee was tired from working many hours. If one other factor contributed to the accident, the employee may recover despite their intoxication at the time.

Other Frequently Asked Questions:

TESTIMONIAL

I have dealt with other law firms, and there is no comparison. It is an honor to know you and I must say, that I have the highest regard for your integrity.

- Lance Zeaman

TESTIMONIAL

TRUST

Meet our attorneys

The highly competent lawyers at Petrillo and Goldberg represent clients with personal injury claims, workers compensation claims, slip-and-fall cases and automobile accident victims. We work for you, and take our job of getting the best possible results for you seriously.