Workers' Compensation: What Happens If You Fail A Drug Test?
Getting hurt while on the job can be a fearful thought, one that often leads to worry about making financial ends meet. The point of the workers' compensation program is to help employees that were injured while working in a variety of ways. Most notably, workers' compensation insurance pays for the employee's medical costs and disability benefits after an injury.
In exchange for paying these benefits to injured employees, the employee is bound by law to not sue the employer for the injuries sustained on the job. The hurt employee in return does not have to prove that the employer was negligent to get the benefits, also known as no-fault.
In general, all work-related injuries are covered with workers' compensation insurance. However, there are some cases in which an injury is not going to be covered no fault. Even if you are hurt at work, there are some circumstances where you will not get benefits. Failing a drug test after getting injured at work is one very specific example. The following is additional information about failing a drug test following a work-related injury:
When the Employer is Not Required to Pay Workers' Compensation Benefits
One of the most important questions when an employee submits a worker's compensation claim is whether or not the injury happened at work. However, there must be some questions satisfied before the benefits are paid out. If the employee was on drugs when the employee was hurt, it may get the employer out of paying benefits. Workers' compensation is not always no fault.
When a Failed Drug Test is Not Detrimental to a Workers' Compensation Case
While failing a drug test may seem like a dagger in your worker compensation claim, that is not always the case. First of all, the employer should have a company-wide drug testing policy in place to cover them legally. If they do not, you may be able to use that information to your benefit.
After getting hurt at work, a drug test should be done as soon as possible afterward. The test should be done by the hospital where you are treated with specimens being sent to an independent lab for testing.
If you cannot verify this happened, you may have a case for yourself. For instance, if your test was administered in a nefarious way or sent to a substandard lab, you can have your attorney investigate the conditions in which the test was handled.
In addition, if you fail your drug test after an injury at work, you employer may still need to prove without a doubt that your injury was due to your drug use. If you can prove that your injury would have occurred whether or not you were under the influence of drugs, such as using faulty equipment or lack of warning signals, you may also have a case.
Contact a law office like Prediletto, Halpin, Scharnikow & Nelson, P.S. for more information and assistance.
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