We Know Injury Law

A failed drug test at work could still lead to a successful claim

On Behalf of | Dec 23, 2019 | Workers' Compensation |

You got injured at work, and it’s costing more than just time away from your job. Your compensation may be on the line after a failed drug test, but it might not be an automatic denial.

Studies have shown that recreational use of drugs outside of work may not have any correlation to on-the-job accidents. Just because a drug is in your system doesn’t necessarily mean that it was responsible for your accident at work, and proving that could keep you eligible to receive benefits.

Testing the rules

Failing the drug screening may not mean the end of the line for your claim:

  • Time: Your employer generally has an eight-hour window to test you for drugs. If your employer didn’t test you in time, then it can be more difficult for an insurance company to show that you were under the influence at work.
  • Cause: The drugs you took will likely need to be a direct cause of the accident. If someone else caused the accident you were in, and you failed a drug test, the insurance company might be hard-pressed to show that the drugs in your system resulted in the mishap.
  • Firing: In the event a drug test shows that you have drugs in your system, your employer may fire you to maintain a drug-free workplace. While this may be within their rights, it doesn’t necessarily mean you’re not eligible for workers’ compensation.

Know the requirements for a drug test to affect your workers’ compensation claim. Understanding what a failed screening can mean for you after an accident could make the difference in getting the help you need.


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