HB104 Alabama 2012 Session

Updated Feb 27, 2026

High Interest

Summary

Primary Sponsor: Paul DeMarco
Republican
Session: Regular Session 2012
Title: Workers' compensation, compensations nor medical benefits awarded to an employee or his or her estate if employee's injury or death was a result of an impairment caused by alcohol consumption or drug use, Sec. 25-5-51 am'd.
Summary: HB104 would bar workers' compensation and medical benefits for injuries or deaths caused by impairment or intoxication from alcohol or drug use, with the burden of proof shifting if there is a positive DOT-standard screen.
What This Bill Does
If an employee's injury or death is caused by impairment or intoxication from alcohol or drugs, no compensation or medical benefits would be awarded to the employee or their estate, and only initial emergency medical treatment could be provided. A positive alcohol or drug test under U.S. DOT standards would be a conclusive presumption of impairment, and the employee would then have to prove the impairment did not directly cause the accident. If the employee refuses to submit to or cooperate with a required blood or urine test after warning, benefits beyond initial emergency medical treatment would be forfeited.

Who It Affects
Employees or their estates who are injured or die from an impairment-related incident would have their workers' compensation and medical benefits denied (except for initial emergency care).
Employers and the workers' compensation system, which would apply DOT testing standards, enforce the burden-shifting rule, and require warnings and testing; employees who refuse testing could lose benefits beyond emergency care.

Key Provisions
Provision 1: No compensation or medical benefits shall be awarded to an employee or their estate for injuries or deaths caused by impairment or intoxication from alcohol consumption or drug use; only initial emergency medical treatment may be provided.
Provision 2: A positive alcohol or drug test under DOT standards is a conclusive presumption of impairment, shifting the burden to the employee to prove the impairment did not directly cause the accident; refusal to test after warning forfeits benefits beyond initial emergency medical treatment.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Workers' Compensation