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Can I Be Denied Workers Compensation If I Was Drunk Or On Drugs When My Accident Occurred

The Georgia Workers’ Compensation Act provides that “No compensation shall be allowed for an injury or death due to intoxication by alcohol or being under the influence of marijuana or a controlled substance.”  So yes, your claim for Georgia workers’ compensation benefits may be denied if you were drunk or on drugs when your accident occurred.

However . . . you may be entitled to workers’ compensation benefits even if you were intoxicated. Georgia law does not bar claims for workers’ compensation benefits just because an injured worker had drugs or alcohol in their system when they were injured.  Instead, when a properly administered drug or alcohol test proves that the injured worker was intoxicated, the injured worker must prove that his or her accident or injury would have occurred regardless of whether he or she was intoxicated; that is, the injured worker must prove that his or her intoxication was not the cause of the accident.

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Seth Bader
(678) 562-5595