Prevents intoxicated employees from receiving workers' compensation.
The bill comes in the wake of the New Jersey Supreme Court ruling in Tlumac v. High Bridge Stone, which upheld that previous interpretations of the law required intoxication to be the 'sole cause' of an accident for compensation denial to be valid. This legislation attempts to modernize the legal framework surrounding workers’ compensation by aligning it more closely with current workplace practices and societal norms. If passed, the bill would significantly change how claims are handled, shifting more risk onto employees in instances of intoxication during work-related activities.
Senate Bill S1923, introduced in New Jersey, seeks to amend the workers' compensation law to establish a presumption that if an employee is intoxicated at the time of an injury or death, the injury or death is deemed to be caused by the intoxication. This means that if such a circumstance arises, the employee would be barred from receiving workers' compensation benefits. The bill specifically modifies the existing statute R.S.34:15-7 to clarify that intoxication, whether as a direct cause or contributing factor, negates entitlement to compensation.
The bill not only modifies existing laws but also encourages a broader dialogue around workplace policies concerning substance use and the responsibilities of both employees and employers in ensuring a safe work environment. As legislators review this bill, they will likely consider the implications it holds for both employee protection and employer liabilities in New Jersey.
Notably, this bill is expected to generate discussions regarding employee rights and workplace safety. Proponents argue that it protects businesses from liability when employees act negligently due to intoxication. Critics, however, may raise concerns over fairness and the potential discouragement of workers from seeking compensation for their injuries if they have consumed alcohol or drugs, even in moderation. There is apprehension that the presumption of intoxication as a cause might unjustly disadvantage employees, particularly in industries where alcohol consumption may be culturally accepted or where social events occur as part of employment.