Question

Andy works for an accounting firm. He has a lunch date with an existing client to go over his income tax returns. On his return to the office to finalize the returns, he is in a horrific car accident and suffers permanent loss of his right arm. He cannot come back to work for 7 months. What rights does Andy have against his employer, if any, for his injuries. Assume Andy drank during the lunch and it is determined that he was legally intoxicated at the time of the accident. Does this fact change your answer in any way?

Answer 1

In scenario 1 :

The U.S. Department of Labor's Office of Workers' Compensation Programs (OWCP) administers four major disability compensation programs which provides to federal workers (or their dependents) and other specific groups who are injured at work or acquire an occupational disease – providing the injured:

Wage replacement benefits
Medical treatment
Vocational rehabilitation
Other benefits

Andy can sue for all of the above benefits

In scenario 2 :

This changes the scenario since, being drunk and driving was personal negligence on the part of Andy and hence there will be no benefits that he can sue for or claim.