What Do You Think: Can Intoxicated Roofer Collect Benefits after Plummeting from Ladder?

Anchorage, AK (WorkersCompensation.com) – Workers generally cannot obtain benefits when their intoxication caused the accident that injured them.

But does that mean a worker with significant intoxicants in his blood at the time of the accident can never obtain benefits? A case involving a worker who fell from a ladder that he had placed on top of a roof addressed that question.

The worker was attempting to repair a roof on a rental property when the cribbing underneath the ladder gave way, according to him. He fell 30 feet. As a result of his injuries, the worker became permanently and totally disabled. 

There were no witnesses to the ladder’s collapse. But another worker who inspected the ladder afterward confirmed that the cribbing looked like it had failed. Someone inside the house testified that he saw "a ladder flying off the roof and [the worker] bouncing off the porch.”

The worker later admitted that he drank three beers and used cocaine before the accident. He described the job site as "a revolving frat house," with beer readily available on site. He also acknowledged that he had not inspected the cribbing before climbing the ladder. He had used the ladder several times since the last time he inspected the cribbing and there had been no problems.

The paramedic who took the worker to the hospital said the worker didn’t look intoxicated. At the hospital, blood tests confirmed that he had both alcohol and cocaine in his system. But there was no evidence as to when he consumed the substances or how fast he drank the beers. 

The worker applied for and was awarded worker’s compensation benefits. 

The state appealed that decision.

The court noted that the Alaska Workers' Compensation Act does not allow compensation for an injury proximately caused by the injured employee's intoxication. Intoxication is a proximate cause of an injury if the employer or fund can show that, but for the intoxication, the accident would not have occurred.

Did the worker’s intoxication cause his fall?

A. No. The cribbing caused the fall.

B. Yes. He could have prevented the fall with better reaction time.

If you chose A, you sided with the court in State of Alaska v. Adams, No. S-17918 (Alaska 10/07/22), which held that the worker established a compensable injury.

The court noted that there was no medical evidence that the worker was so impaired at the time of the accident that his intoxication caused his fall. There was no evidence concerning when or how quickly he drank the beers or when he ingested the cocaine. Therefore, it wasn’t clear whether they impaired his reaction time or balance sufficiently to contribute to the fall.

In addition, there was no evidence that, if the worker had not consumed alcohol and cocaine, that he could have prevented the fall, the court observed. Anyone would have fallen once the cribbing slipped, intoxicated or no. Further, the individuals who witnessed the aftermath of the ladder’s failure didn’t contradict that conclusion. 

The court affirmed the Worker’s Compensation Commission’s conclusion that the worker sustained a compensable injury.

This feature does not provide legal advice.

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