Workers’ comp 101: Intoxication and injury at work

Ryan Grange
Social and Content Director
July 15, 2024
Workers' compensation

It’s crucial for employers to prioritize a safe workplace. But even if you have taken every preventative step—an injury at work can still happen.

When workers don't follow safety procedures — or are under the influence — they greatly increase the risk of getting injured on the job.

Here’s a closer look at the essential information Colorado employers should know about workers’ comp and injuries when an employee is intoxicated at work.

Intoxication does not disqualify workers' comp claims

Colorado law doesn't deny workers' comp benefits to injured employees, including workers who were under the influence during work hours.

However, if the employee's intoxication caused the injury, they may receive reduced indemnity, or lost time, benefits.

Dealing with an injury at work resulting from intoxication 

Do you have reason to believe your employee was injured because they reported to work under the influence?

If you do, you'll need to submit proof of the individual's failure to follow workplace procedures.

Employers can request blood alcohol testing

If an employer believes their employee is intoxicated at work, they do have the right to ask for a blood-alcohol test.

Only request testing if you have noticed obvious signs of intoxication such as: 

  • Slurred speech
  • Staggering
  • Slowed reactions
  • Drastic changes in behavior, like aggression

Testing should also be strongly considered if you have witnessed drug or alcohol usage on the worksite. If a drug or alcohol test is done, the facility performing the test must store a second sample indefinitely.

Help prevent injury at work by setting clear expectations

In the best work environments, each team member knows what's expected. At a minimum, employers should post workplace rules in a prominent place.

When everyone is on the same page and you have a written record of clear expectations (especially regarding a drug and alcohol policy), it's easier to avoid incidents.

For best results, implement a training program for each new hire, and hold occasional workshops to refresh seasoned veterans.

Offering an Employee Assistance Program is also a great way to help support employee health and can reduce workers’ comp claims. Employee Assistance Programs help prevent numerous emotional and health-related problems that can lead to substance abuse.

Understanding workers' comp coverage

While reporting to work under the influence may not be a common issue for employers, employee use of drugs and alcohol can play a role in causing injury at work and increasing workers' comp claims. 

When you're ready to choose an insurance provider, our team at Pinnacol is here to help. We protect businesses in Colorado and nationwide with trusted workers’ compensation coverage.

Learn more about our offerings by getting a free quote online or connecting with one of our agent partners.

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