Injury While Smoking On The Job

Historically, courts have treated a variety of smoking-related injuries as compensable, ranging from those caused by lighter fluid spillage to cigarette-induced fire and explosion. However, where the employer expressly prohibits smoking on the job, then the law governing injury during prohibited personal comfort activities apply rather than the traditional laws for injury resulting from smoking. Thus, the modern trend toward employers’ prohibition of smoking in the workplace makes it more likely that injury as a result of smoking on the job will implicate other regulations as well as the basic rule that treats such injury as within the scope of employment.