Worker's Comp And Drug Tests: What You Should Know

Posted on: 20 March 2019

When you get hurt while on the job, you may immediately experience feelings or worry about how you will cover your daily expenses. Fortunately, most states require employers to provide workers' compensation insurance coverage to pay for your injuries and any expenses associated with them.

Typically, all injuries suffered on the job are covered with workers' compensation insurance. However, there can be instances in which injuries will not be covered. One specific example includes failing a drug test right after you are hurt at work. Here are some things you should know about drug testing and workers' compensation.

When Is an Employer Not Required to Pay You?

When you submit a workers' compensation claim for your work injury, you have to meet certain requirements. One obvious requirement is that the injury happened at work. Secondly, the employer is not always required to pay you when you are under the influence of drugs. Workers' compensation is not necessarily always no-fault, meaning it is not guaranteed you will receive payments just because you were hurt at work.

How Can a Failed Drug Test Impact Your Workers' Compensation Claim?

Although a failed drug test can cause you to lose your workers' compensation claim, your employer has to satisfy some requirements as well. First, the employer must have a clear, company-wide drug testing policy at the place of employment to legally cover themselves. If this policy does not exist at your place of employment, you may be able to use this to your advantage.

For a drug test to count, the test has to be done as soon as possible after the incident. The test must be done at the medical center or hospital where you were treated for the injury. The specimen then goes to an independent lab for testing.

If you are unable to prove the test occurred, you can also use this for your benefit. If you have evidence your drug test was sent to a substandard testing lab or if the specimen was not handled properly, your attorney can check into your concerns to determine whether or not your drug test is accurate.

If you fail your drug test after your injury, your employer may still need to prove your injury was caused by your drug use to avoid paying your claim. If you can prove your injury would have occurred despite your drug use, you may have a legal leg to stand on. For more information, contact a law office like Bishop Dorfman Kroupa & Bishop PC