Employee Deviation from Employment and Misconduct

by Kara Dolan-West | Nov 28, 2014 | General Information

Misconduct of the employee is immaterial under the workers’ compensation system. The test of whether coverage should be extended is based on whether there is a requisite connection between the injury and the employment irrespective of the conduct of the parties. However, after entering into the course of employment, an employee can deviate from the employment by engaging in personal activity. Intoxication is one such deviation or departure from the course of employment. Voluntary intoxication which renders an employee incapable of performing the work constitutes a departure from the course of employment. Intoxication which does note incapacitate the employee from performing job duties, however, does not necessarily defeat a claim. If you have a work related injury that involved alcohol, please contact the Bainbridge Firm.  

Tags: deviation intoxication misconduct Workers' Compensation