The worker’s compensation system was developed to protect workers from abusive employers. It is the duty of every employer to provide a safe workplace and if a worker gets injured or becomes ill while performing their work, they are entitled to compensation for their lost wages and the costs of their medical care. Worker’s compensation was set up as a no-fault system; the worker is automatically entitled to worker’s compensation regardless of who was at fault.
There is one exception to this no-fault rule: workers who were injured due to their own substance abuse may be denied worker’s compensation.
Who is entitled to worker’s compensation?
In general, in order to be eligible for worker’s compensation, your injury or illness must be work-related. This means it occurred while you were performing a task for your employer’s benefit. Injuries that occur during work breaks or while commuting between home and work are generally not covered. Thus, if you are driving from home to work and get involved in a traffic accident you are not covered. However, if during the work day you are traveling from your company’s office to a worksite and you are injured in a traffic accident, you are entitled to worker’s compensation.
Injuries at work due to substance abuse are not covered. If you fail a drug test and your impairment due to substance abuse is clearly the cause of your injury, you are not entitled to worker’s compensation.
Is a drug test required to receive worker’s compensation?
A drug test is absolutely not required as part of your worker’s compensation claim. Worker’s compensation is a no-fault system; you do not need to prove that your injury or illness was not your fault. You do not need to prove your employer was at fault. All you need to do is prove you were injured or became ill while performing your job.
What should I do if I am injured or become ill at work?
Seek medical care
The most important action you should take is to immediately receive proper medical care and make sure that the care is documented in detail. Remember, worker’s compensation will pay for your medical care, and it is important to be able to prove that you were injured or became ill because of your work. Your medical records are a vital part of making sure you get the compensation that you deserve.
Report the injury to your employer
It is also essential that you report your injury or illness to your employer as soon as possible. Most states have time limits within which you have to report the injury. If you wait for two weeks to see if the injury will heal on its own, you are not going to win your worker’s compensation case. You should get in the habit of reporting all work-related injuries, even ones that appear minor at the time, as quickly as possible, preferably on the same day that it happens.
Do not take a drug test after reporting your injury to your employer
It is illegal for your employer to require routine drug testing of employees after an accident or injury. Your employer can only legally require drug tests for new hires, at random intervals, and in cases where the employer feels there is a strong, objective reason to believe that drug use contributed to an incident. If your employer demands you take a drug test after you report your injury, your best course of action is to refuse and seek legal counsel immediately.
File for worker’s compensation
Most states also have a limited time period within which you can file for worker’s compensation, so file as soon as you realize you are eligible. The forms can be obtained from your employer or filled out online at your state’s worker’s compensation website.
What if I did take a drug test and failed?
Many workers are intimidated by their employer into taking a drug test after an accident or injury, or they are routinely tested by the hospital while seeking medical care for their injury. If this happens to you and the test comes back positive for some substance, it does not mean you are automatically disqualified from receiving worker’s compensation.
The laws vary by state; some states require the employer to prove you were impaired due to substance abuse, and your impairment was the cause of your injury. A positive test does not automatically invalidate your worker’s compensation claim. A judge is required to weigh all of the evidence and make a decision.
Just failing a drug test isn’t sufficient to be denied worker’s compensation
Just failing a drug test isn’t legally sufficient to have your claim denied. Many substances linger for hours to weeks in your body after use and testing positive for traces of marijuana or ecstasy does not mean you were impaired at the time of the test. In order to be denied worker’s compensation after a positive drug test, your employer has to prove you were impaired on the job. This is a very hard thing to prove. They would have to have video evidence of you acting erratically and also be able to prove your behavior was due to the substance. In most cases, the insurance company will just pay the claim in order to avoid paying the legal fees on top of paying the claim after you win in court.
Can I be fired for failing a drug test?
Yes, you can be fired for failing a drug test. However, your employer cannot fire you for reporting an injury on the job, and your employer cannot force you to take a drug test just because you reported an injury. If your employer does fire you for failing a drug test, you will still be eligible for worker’s compensation.
Your best course of action if you are being pressured to take a drug test, or if you already took a drug test and failed, is to consult an experienced personal injury lawyer as soon as possible. If you are injured on the job, you are entitled to worker’s compensation. Since the laws about worker’s compensation vary by state, it is important to reach out to a personal injury lawyer who is well-versed in the laws in your local area to ensure that you get the compensation that you deserve.