Worker's Compensation: Are You Out Of Luck If You Fail A Drug Test?

6 November 2019
 Categories: Law, Blog


On-the-job injuries can happen in any industry. This can be a troubling time, particularly if you are concerned about missing your paycheck. Thankfully, you can rely on worker's compensation benefits to help you get through this time. Worker's compensation will pay for your medical needs as well as provide you with partial payments to help make up for your lost wages.

In general, worker's compensation benefits will cover your expenses related to your injury. However, there may be some times in which your expense will not be covered. One example is when you do not pass a drug test at the time of your accident. The following are some things you should know about drug testing and worker's compensation benefits:

Can You Be Denied Worker's Compensation Benefits?

When you submit a claim for worker's compensation benefits, your human resources department will have some questions for you. One important question is whether or not you were under the influence of any substances. Your employer can ask you to submit a drug screen prior to receiving benefits. If you do not pass, the employer may not have to pay for your benefits. There are still some factors to take into consideration before the employer can write you off from receiving benefits, however.

What If You Fail a Drug Test During a Worker's Compensation Claim?

An employer has the right to contest a worker's compensation claim if the employee does not pass a drug test. However, your claim is not automatically denied. You first need to evaluate your employer's drug testing policy in the workplace. If there is no such policy, the employer did not have a right to test you in the first place.

If your company does have a drug testing policy, you should make sure to only submit a test in the correct circumstances. You should only submit a test through an unbiased lab or hospital to avoid any conflict of interest.

If you have a suspicion that your drug test was done in biased circumstances or that you were tested unfairly, you have a case against your employer. Work with an attorney to build a case with your suspicions and corresponding evidence. You will need evidence, such as a copy of your company's drug testing policy, where the testing took place, who was in charge of your test results, and so on.

A workplace injury is not a good situation, but you also do not want to have to worry about losing your worker's compensation benefits. Be sure to work with a worker's comp attorney if you believe your employer may be trying to avoid paying you benefits based on a drug test.