HB28 Alabama 2013 Session

Summary

Primary Sponsor

Paul DeMarco

Republican

Session

Regular Session 2013

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.

Description

Under existing law, a positive drug test in the workplace shall be a conclusive presumption of impairment resulting from the use of illegal drugs when an accident occurs in the workplace. The employer bears the burden of proving that the illegal drugs or alcohol was a direct cause of the workplace accident. If drugs or alcohol are the cause of the accident, then the employer is not responsible for providing indemnity benefits to the employee, but is still required to provide lifetime medical treatment.

This bill would provide that neither medical nor indemnity benefits would be awarded to an employee or his or her estate if the employee's injury or death was a direct result of an impairment or intoxication caused by the employee's alcohol consumption or drug use. This bill would further provide that once the injured worker has a positive alcohol or drug screen according to U. S.

Department of Transportation Standards, the burden of proof would then be on the employee to demonstrate that the impairment from illegal drugs or the consumption of alcoholic beverages was not a direct cause of the accident.

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Subjects

Workers' Compensation