Was Your Texas Workers Compensation Claim Denied Because Of Alcohol Intoxication?
You’ve heard of winning on a technicality before, right? Intoxication is one of those technicalities that allows insurance companies to automatically beat you out of your workers’ comp claim.
If the insurance company can prove that you got hurt during a time that you were intoxicated from the use of alcohol, they win. This comes up most often when a person drinks a lot the night before, and then shows up to work the next day, and might still be a little tipsy, or maybe the drinking was done with co-workers who alert the company about it after your injury occurs.
If there is a blood test or urine sample that shows a blood alcohol concentration of .08 or higher at the time of injury, then you are legally intoxicated and the claim can be denied.
Another way to prove intoxication is for the insurance company to provide evidence that you did not have the normal use of your physical and mental faculties at the time of your injury. This happens when they know you’ve been drinking, but they don’t know how much, so they have people say you were drunk.
The easiest way to get out of this mess is to have your co-workers write statements that they worked with you that day, that they observed you, and they think you were acting normal and had the full use of your mental and physical faculties. At that point, the judge gets to decide who to believe.
If your claim gets denied due to intoxication, get statements from your co-workers as soon as possible. You’ve got to get them to help you before your company threatens to fire them if they do.