Does the law provide for a reduction in benefits for an injury sustained by the employee based upon the use of drugs or alcohol?
Under the law, if the employee fails to obey any rule or policy adopted by the employer on a drug-free workplace or on the use of alcohol or non-prescribed controlled drugs in the workplace, and the employee sustains an injury while using alcohol or non-prescribed controlled drugs, the compensation and death benefits shall be reduced fifty percent. If the employee’s use of alcohol or non-prescribed controlled drugs in violation of the employer’s rule or policy is the proximate cause of the employee’s injury, the benefits or compensation payable for death or disability are forfeited. Under the law, there is a rebuttable presumption that the alcohol was the proximate cause of the injury if the voluntary use of alcohol to the percentage of blood alcohol in the employee’s system meets the legal intoxication standard under Missouri law. An employee, by a preponderance of the evidence standard, can overcome the presumption that the intoxication was not the proximate cause of the injury. Unde
Related Questions
- Does the law provide for a reduction in benefits for an injury sustained by the employee based upon the use of drugs or alcohol?
- If an employee has applied for Ill Health retirement, should the employers link this with Permanent Injury Benefits?
- How many times can an employee apply for injury benefits for the same injury?
