New Jersey Assembly Bill A712

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Prevents intoxicated employees from receiving workers' compensation.

Impact

The passage of A712 would reformulate how the workers' compensation system treats claims involving intoxication, ensuring that any benefit claims by a drunken employee are automatically negated. This change to statute R.S.34:15-7 would directly impact the legal interpretations surrounding workers' rights and employer liabilities. Proponents argue that it will lead to safer work environments and deter employees from being under the influence while on duty, aligning more closely with modern workplace norms. Conversely, critics may voice concerns regarding potential unfairness, particularly in cases where an employee's intoxication does not directly cause the workplace incident.

Summary

Assembly Bill A712 amends New Jersey's workers' compensation law by instituting a presumption that intoxicated employees are ineligible for benefits if they are injured or die as a result of their intoxication. This legislative proposal follows the New Jersey Supreme Court case Tlumac v. High Bridge Stone, which reinforced that intoxication must be the sole cause of an incident to disable an employee from claiming workers' compensation. The bill aims to modify the legal landscape by clarifying the implications of employee intoxication on compensation claims, thus prioritizing employer interests while addressing workplace safety concerns.

Contention

Debate around A712 centers on the balance between employer protections and employee rights. Opposing viewpoints highlight the risk of penalizing employees who may suffer injuries unrelated to their state of intoxication, potentially harming those with legitimate claims. Moreover, there is apprehension that the presumption of ineligibility may foster a workplace culture that undermines the health and welfare of employees who may need support rather than punitive measures. These dynamics create complex discussions regarding workplace safety standards and the ethical considerations of legislating employee accountability.