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Bill > A2792


NJ A2792

NJ A2792
Prevents intoxicated employees from receiving workers' compensation.


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 Regular Session

Bill Summary

This bill amends the workers' compensation law to provide that if an employee was intoxicated when the injury or death occurred, it is presumed that the injury or death was caused by the intoxication and the employee will be barred from receiving workers' compensation. This bill is, in part, a response to the recent New Jersey Supreme Court case of Tlumac v. High Bridge Stone, 187 N.J. 567 (2006), in which the Court reaffirmed a long standing rule that held intoxication must be the "sole cause" of an accident in order to deprive an employee of workers' compensation benefits. In its decision, the Court stated that its role is to "effectuate the will of the Legislature" and concluded that any changes to the workers' compensation system must be done through legislation. Moreover, the Court noted that the workers' compensation law was created in 1911 and "may no longer comport with current policies."

AI Summary

This bill amends New Jersey's workers' compensation law to establish a presumption that if an employee is intoxicated when an injury or death occurs, the intoxication is the cause, thereby barring the employee from receiving workers' compensation benefits. This change is a legislative response to a New Jersey Supreme Court decision, Tlumac v. High Bridge Stone, which had previously required intoxication to be the "sole cause" of an accident to deny benefits and indicated that any changes to this rule should come from the legislature. The bill also clarifies that intoxication is a reason to deny benefits, alongside intentionally self-inflicted injuries, the unlawful use of controlled dangerous substances, and the willful failure to use employer-provided safety equipment, with specific conditions and exceptions outlined for each.

Committee Categories

Labor and Employment

Sponsors (1)

Last Action

Introduced, Referred to Assembly Labor Committee (on 01/13/2026)

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