Workers Compensation and Drug Testing: What You Need to Know

Can You Refuse a Drug Test for Workers Comp?

Though your employer has the right to request drug tests, you also have the right to refuse. There is no law that states an injured worker must take a drug or alcohol test to receive workers’ compensation. OSHA also ruled that requiring drug testing for workers comp claims violates their standards if the employer uses it as retaliation to the injured worker for filing a workers comp claim. However, if it’s part of the employer’s workplace safety and health program, OSHA says it’s the employer’s prerogative. Even then, they still can’t compel you to undergo drug testing.

However, refusing a post-accident drug test will only prove that intoxication indeed played a part in the accident. The law presumes that if you have nothing to hide, a simple drug test won’t do you harm.

In fact, Florida’s Workers Compensation Act specifically states that:

If the injured worker refuses to submit to a drug test, it shall be presumed in the absence of clear and convincing evidence to the contrary that the injury was occasioned primarily by the influence of drugs.

In short, if you refuse to undergo a drug test, you must have a valid reason. Otherwise, the courts will take it as a sign of guilt, and you may lose your benefits. Also, if your employer has a written rule about requiring drug tests for all employees even before the accident, refusing such can constitute a violation of workplace policies. As such, they can legally fire you.

What Happens If You Fail the Drug Test?

As you’ve probably guessed, failing your workers comp drug test can have serious consequences. The specifics can vary depending on your location and jurisdiction, but in general, it will include:

• Losing your workers comp benefits. As I said, if drug use or alcohol intoxication is found to be a contributing factor to the injury or accident, your benefits can get denied.
• Losing your job. Employers have the right to maintain a drug-free workplace, and failing a drug test can be grounds for disciplinary action, including termination.
• Legal consequences. In certain situations, failing a drug test may lead to legal issues. This is especially true if the drug use violates local, state, or federal laws.
• Ineligibility for rehire. Some employers have policies that ban hiring employees who failed their drug tests.
• Lesser employment opportunities. As you may well know, a failed drug test can affect your work opportunities. Some employers conduct pre-employment drug screening, and a history of failing drug tests may make it difficult for you to secure a new job.
• Impact on future workers compensation claims. Aside from losing your current workers compensation claim, a failed drug test can also make it harder for you to claim workers comp in the future. Your future employer can dig up your results and use it to create doubts that drug use played a part in your injury.

How to Claim Benefits Even If You Fail Your Drug or Alcohol Test

In Florida, failing the drug test doesn’t necessarily mean you won’t get workers’ compensation benefits. But it can make the process a lot harder. To be able to claim workers comp benefits, you must prove that:

• Drug or alcohol abuse did not cause the accident. For example, if another employee accidentally dropped a hammer and hit you on the head. Or the scaffold broke and caused you to fall several floors down.
• The samples used in the testing weren’t handled properly. The samples could have been tampered with if the testing procedure didn’t follow the proper protocol.
• You are using prescription medicines that contain regulated substances. Some prescription drugs, like pain relievers, contain opiates that may appear in the test results. This can invalidate the drug testing process.
• There was no written policy banning drug use in the workplace. Or if there is, it wasn’t communicated to the employees. In some states, the employer can only deny benefits on the basis of intoxication if there is a clear policy banning drugs and alcohol in the workplace at the time of the accident.
• You are using medicinal marijuana. States like Florida have allowed the use of marijuana for medical purposes. If you have the proper prescriptions, you can use this as a defense.
• Your employer provided or consented to the use of drugs and alcohol. If your boss gave you the alcohol or was part of the drinking session, they can’t use intoxication as an excuse to deny your benefits.

Should You Hire a Workers Compensation Lawyer?

Hiring a workers compensation lawyer isn’t really required when filing a workers comp claim. But it can help you ensure a favorable result.

You see, proving that drug and alcohol intoxication had nothing to do with your injury can be hard. Not to mention that it can be terribly confusing for someone not familiar with the law. This is why you need an experienced workers’ compensation lawyer like Victor Malca. Your employer and insurance provider will try really hard to prove that your injury is caused by intoxication or drug abuse. An experienced workers’ compensation lawyer can help you prove otherwise and get the benefits you rightfully deserve.