Does a worker have a valid L&I claim if he/she was drinking on the job and gets injured?
The answer is “yes” and “no” depending on how much the worker drinks.
In general, intoxication results in an invalid claim when the employee is so intoxicated he/she can’t do their job.
- If a worker drinks one or two beers he/she probably has a valid claim.
- If the worker drinks 10 to 12 beers he/she probably does not have a valid claim.
See Gomez v. Dept. of Labor and Indus., 13 Wn.App.2d 1032 (April 2020).
This is not legal advice. Always consult an attorney.