The subject of this article is to present the legal situation of the employer's access to data on the state of intoxication of an employee who has suffered an accident at work. In the current legal state, even after the amendments to the Labour Code in February 2023, this causes problems in some cases. This is due to the treatment of the work accident victim's intoxication data as data about his or her health. Under strict data laws, this type of information is subject to special protection in health care providers. This results in the employer, in some situations, not having access to knowledge of the incident victim's state of intoxication, with negative consequences in terms of establishing the actual causes and circumstances of the work accident and, consequently, inappropriate preventive conclusions to prevent such incidents in the future. In addition, the lack of knowledge of the employee's state of sobriety may result in consequences in terms of determining the extent of liability in connection with the work accident, as well as the payment of accident insurance benefits to an unauthorised person.