So you were in an accident while you were intoxicated and are wondering if you can still make a personal injury claim or workers’ compensation claim. The answer is: It depends on whether the intoxication caused or contributed to the accident.
Being intoxicated does not always prevent a person from making a personal injury claim. The crucial issue was whether the accident was your fault. For example, if you were intoxicated, stopped at a red light, and were rear ended by another driver, the accident will likely not be considered your fault. Under such a scenario you will have a viable personal injury claim against the other driver. Thus, if the accident was another driver’s fault and was not the result of your intoxication, you can make a personal injury claim against the at-fault driver.
The same holds true for workplace accidents and the availability of workers’ compensation benefits. If a workers’ intoxication caused his work accident and resulting injury, the worker will be barred from collecting workers’ compensation benefits. See La. R.S. 23:1081. However, if the intoxicated worker suffered an unavoidable injury (like a tree falling on the worker), the worker will still be able to collect workers’ compensation benefits. See Spires v. Raymond Westbrook Logging, 43,690 (La. App. 2d 11/22/08), 997 So. 2d 175.
In cases where a person suffers a workplace injury when intoxicated, the injured worker must prove that the accident causing injury did not result from his intoxication in order to receive workers’ compensation benefits. A similar rule exists for workers covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA).
If you were injured in an accident while intoxicated and wish to determine what legal recourse you have, contact Law Office of Donald D’Aunoy Jr., LLC today for a FREE consultation: 1000 Veterans Blvd #203, Metairie, LA 70005, Phone: 504-508-6414. Speak directly with an attorney. Attorney Donald D’Aunoy Jr. offers FREE house calls to personal injury clients throughout southeast Louisiana, including Algiers, Amite, Avondale, Belle Chasse, Bogalusa, Boutte, Chalmette, Covington, Cut Off, Destrehan, Edgard, Franklinton, Galliano, Gretna, Hammond, Harahan, Harvey, Houma, Jefferson, Kenner, Laplace, Lacombe, Larose, Luling, Lutcher, Madisonville, Mandeville, Marrero, Marrero, Morgan City, Montegut, New Orleans, Norco, Patterson, Pearl River, Ponchatoula, Prairieville, Raceland, River Ridge, Slidell, St. Rose, Thibodaux, Tickfaw, Westwego. Mr. D’Aunoy is well reviewed on sites such as Avvo and Facebook.
