Holiday Lights Fiasco: Drunk Worker Falls Off Ladder – Can He Get Comp?

In a workers’ comp case out of New York, an employee took decking the halls to the next level by imbibing while decorating the workplace. 

While attempting to retrieve holiday lights from a shelf, the worker fell approximately eight feet from a ladder and suffered serious injuries. 

A toxicology screening performed at the hospital determined the employee was “severely intoxicated by alcohol” at the time of his fall. 

So, was he entitled to workers’ comp even though he was under the influence of alcohol at work?

Was Alcohol or Holiday Rush to Blame?

The employee later testified that “usually two people would work together with one climbing and the other holding the ladder, but at the time of the accident he was working alone because they were busy.”

According to the employee, he was descending the ladder with a heavy box of lights. As he did, “the ladder moved and fell on his side, causing him to fall to the floor and sustain injuries.”

A medical expert testified about the negative cognitive and physical effects caused by elevated blood alcohol levels similar to the employee’s on the day of the accident.

The expert acknowledged that “an unsteady ladder or carrying something down a ladder increases the risk of and could contribute to falling, irrespective of alcohol impairment.”

The employer and its workers’ compensation carrier denied the claim, saying the accident happened because the employee was intoxicated, so he wasn’t eligible for workers’ comp.

The dispute reached a New York appeals court.

Can ‘Severely Intoxicated’ Employees Get Workers’ Comp?

New York’s Workers’ Compensation Law § 10 covers liability issues.

Importantly, it “provides a presumption of compensability for ‘disability or death from injury arising out of and in the course of employment without regard to fault as a cause of the injury, except … when the injury has been solely occasioned by intoxication from alcohol,’” the court explained.

Moreover, it’s well-established that workers’ comp carriers have a “heavy burden” to:

1. Overcome the presumption, and
2. Establish that intoxication was the sole cause of the accident.

Here, the evidence shows that the employee was “severely intoxicated” at the time of the accident, the court acknowledged. 

But the evidence also showed that the employee’s fall could “also be attributed to the absence of another employee holding the ladder, a simple misjudgment of footing … or the inherent risk of working at height,” the court explained. 

In the court’s view, the employer and the workers’ comp carrier failed to overcome the presumption of compensability as intoxication was not the sole cause of the accident.

The employee was entitled to workers’ comp, so the court affirmed the decision in the employee’s favor.

’Tis the Season for Legal Headaches

Of course, this isn’t the first time an employer has faced a legal hassle during the hustle and bustle of the holiday season.

For example, a Georgia employee had a religious accommodation allowing her to take off work on Tuesdays to attend religious services. However, during the holiday season in 2019, the employer revoked the accommodation and said she needed to work due to the holiday rush.

The EEOC stepped in and filed a lawsuit on the employee’s behalf. Ultimately, the employer paid $25,000 to settle the case.

Timely Lesson for HR

These cases highlight the importance of not using “the holiday rush” as an excuse to cut corners on compliance issues and workplace safety.

To help keep employees safe and respect their legal rights during the holidays, HR can:

• Conduct a risk assessment. Identify high-risk activities, including increased workloads and seasonal tasks associated with holiday decorating, and mitigate those risks with clear policies.
• Communicate with managers and employees. Share safety protocols and accommodation rights in advance of the holiday season. Plainly state that “being busy due to the holiday rush” is not an acceptable reason to shirk the rules.
• Offer holiday-specific training. Provide periodic reminders about safe work practices and respectful workplace behavior throughout the holiday season. 

Lujan-Espinzo v. Elec. Illuminations by Arnold Inc., No. CV-23-0458, 2024 N.Y. App. Div. LEXIS 5321 (N.Y. App. Div. 10/10/24).