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Injury While Drinking Non-Alcoholic
Beverages On The Job
The standard to
determine whether injury suffered while drinking on the job arises out
of employment is whether the drinking interrupts the course of
employment. If so, then the injury does not arise out of employment
and vice versa. For example, injury resulting from an employee
drinking water during a shift is always compensable. This is so
because maintaining a hydrated body is essential for life, let alone
employment, and as such is not considered to interrupt the course of
employment.
In one case, an
employee was injured as he consumed soda on the job. The court held
that soda is sufficiently refreshing to be reasonably incidental to
his employment and thus, his injury arose out of employment. Whether a
particular beverage is reasonably incidental to employment, or if it
instead interrupts the course of employment, depends on whether the
particular employer as well as the customs of the industry permits
consumption of the beverage in general. Thus, in some situations even
the consumption of alcohol in moderation is within the course of
employment where the employer does not prohibit it and it is customary
for workers in the trade.
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