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Can You Lose Worker’s Compensation for Being Intoxicated in Louisiana?

Being injured on the job can be devastating for many. It causes people to lose work, lose wages, and be forced to deal with the physical and mental disabilities an injury can cause. 

If you have been injured while working, you may be entitled to compensation. The Department of Labor’s Office of Workers’ Compensation administers disability compensation for wage replacement benefits, medical treatment, rehabilitation, and other benefits. 

There are certain requirements that an employee needs to meet to receive workers’ compensation. If you have been injured at work and are unsure if you qualify for accommodations, contact our Baton Rouge personal injury law firm to learn more. 

Top Work-Related Injury Cases in Louisiana

Injuries can occur in any industry, at any job. Those who work in the transportation or warehousing industry have the highest rate of work-related injuries. The following is a list of the most common injuries that take place:

  • Non-impact injuries due to excessive physical force from lifting, pushing, carrying, or throwing.
  • Repetitive motion resulting in stress or strain on the body.
  • A moving object striking a worker.
  • Part of a worker’s body being pinched, squeezed, compressed, or crushed. 
  • Work being struck or crushed by a collapsing object.
  • Slipping and falling. 

Any number of these accidents may cause a worker to sustain minor to serious injuries that render them unable to work for an extended period of time. It is possible that workers follow all of the safety protocols and still sustain injuries while working. Whatever the case, if an employee is injured while performing work duties, they may be entitled to compensation. 

What If I Was Intoxicated When the Injury Happened?

Each workers’ compensation case is unique and treated as such in court. In any case that arises, the victim must be an employee, the employer must carry workers’ compensation insurance, the injury or illness must be work-related, and the victim must meet Louisiana’s workers’ compensation claim deadlines. 

In 2014 a workers’ compensation claim was brought to the Louisiana court by Carlos Cordon. Cordon was working at Parish Glass loading mirrors onto a truck when the mirrors collapsed and fell on top of him. Cordon sustained a broken leg that resulted in multiple surgeries, lacerations on his right arm that resulted in permanent scarring, and aggravation of a pre-existing neck injury. 

As part of the case, Cordon was subjected to a drug screen and tested positive for prescription drugs and marijuana. Furthermore, the Office of Workers’ Compensation determined that Cordon was intoxicated at the time of the accident and that the intoxication played a factor in the accident. 

Due to the intoxicated and positive drug test, the court ruled that Cordon had forfeited his rights to all workers’ compensation benefits. Additionally, Cordon was required to pay attorney fees that amounted to $10,000. 

This case demonstrates that although workers are entitled to certain rights, they may be forced to forfeit these rights if they are not following proper work regulations. Our Baton Rouge personal injury attorneys offer crucial insight for victims who have been injured in an accident at work. If you are unsure about your rights and what you may be entitled to, contact Rusty Messer & Associates today.

Hiring a Louisiana Workers’ Compensation Attorney

Our Baton Rouge law firm has years of experience handling a number of different personal injury cases and we can help you too. We understand that accidents can leave victims with life-lasting injuries and severe financial strains and we are dedicated to helping victims during these trying times. 

Employees should feel safe and protected at work at all times. If you have been injured while working and are worried about how you are going to pay medical bills and other expenses, contact Rusty Messer & Associates today at (225) 963-9638.