Glossary Check
It might not be hard to describe what it means for someone to be “intoxicated,” but what if it has to do with workers’ compensation? Thankfully, Simply Research has the information covered.
For example, here’s what “intoxication” refers to under Texas workers’ compensation law.
Intoxication
In Texas, “intoxication” means the state of:
(1) having an alcohol concentration to qualify as intoxicated under Section 49.01(2), Penal Code; or
(2) not having the normal use of mental or physical faculties resulting from the voluntary introduction into the body of:
(A) an alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code;
(B) a controlled substance or controlled substance analogue, as defined by Section 481.002, Health and Safety Code;
(C) a dangerous drug, as defined by Section 483.001, Health and Safety Code;
(D) an abusable glue or aerosol paint, as defined by Section 485.001, Health and Safety Code; or
(E) any similar substance, the use of which is regulated under state law.
What isn’t ‘Intoxication’?
In Texas, term “intoxication” does not include the loss of normal use of mental or physical faculties resulting from the introduction into the body of a substance:
(1) taken under and in accordance with a prescription written for the employee by the employee’s doctor; or
(2) by inhalation or absorption incidental to the employee’s work.
Presumption
On the voluntary introduction into the body of a substance listed under (2)(B) above, based on a blood test or urinalysis, it is a rebuttable presumption that a person is intoxicated and does not have the normal use of mental or physical faculties.
Why is it Important?
In Texas, an insurance carrier is not liable for compensation if the injury occurred while the employee was in a state of intoxication. Similarly, in an action against an employer by or on behalf of an employee who is not covered by workers’ compensation insurance, the employer may defend the action on the ground that the injury was caused while the employee was in a state of intoxication.
