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.