This bill amends New Jersey's workers' compensation law to establish that if an employee is intoxicated at the time of an injury or death, it is presumed that the intoxication caused the incident, thereby barring the employee from receiving workers' compensation benefits. The bill introduces several specific conditions under which compensation may not be granted, including instances of intentional self-inflicted injuries, injuries resulting from intoxication, and situations where the employee failed to use required personal protective equipment. Additionally, it clarifies that recreational or social activities that are not regular incidents of employment and do not benefit the employer are also excluded from compensation.
The legislation is a response to the New Jersey Supreme Court case Tlumac v. High Bridge Stone, which reaffirmed that intoxication must be the "sole cause" of an accident to deny benefits. The Court indicated that any changes to the workers' compensation system should be enacted through legislative action, highlighting the need for updates to a law that has been in place since 1911 to better align with current policies. The bill aims to clarify and strengthen the provisions regarding intoxication and workers' compensation eligibility.