Employee Denied Workers' Compensation Due to His Conduct

April 16, 2011

In a recent decision by the Massachusetts Department of Industrial Accidents, an employee who suffered serious injuries in a motor vehicle accident on his way to work was denied workers' compensation benefits after a judge found that the accident was caused by the employee's willful misconduct.

The employee in the case flew from his home in Florida to work as a welder at his employer's facility in Massachusetts, an incinerator in Haverhill. The morning after he arrived, he was unable to locate a supervisor, so he assumed he would be working the day shift beginning the next morning. He purchased dinner, which included several beers and a bottle of bourbon, and went to sleep at an early hour.

At around 9:00 that evening, the employee's roommate woke him and told him he was supposed to be at work. On his way to the incinerator, the employee drove off the highway and crashed his vehicle. Tests performed at the hospital indicated that the employee's blood alcohol level was well above the legal limit for driving of .08 percent at the time of the crash.

Workers' Comp Claim Denied

Under Massachusetts law, an employee may be denied workers' compensation benefits when he is "injured by reason of his serious and willful misconduct." The judge in this case denied the employee's claim because he determined that the consumption of a significant amount of alcohol amounted to serious and willful misconduct.

An Experienced Workers' Comp Attorney Can Help

If you or someone you love has been injured going to or coming home from work, contact an attorney to determine whether the travel was work related and whether you are entitled to workers' compensation benefits. For more information, contact a knowledgeable workers' compensation attorney today.

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