Drug Test Affects Your Workers’ Compensation Claims
Did your employer subject you to a drug test after sustaining workplace injuries?
If yes, remember that your employer wants to ensure that drugs didn’t cause the accident, and you indeed deserve workers’ compensation. The drug test results could thus affect your compensation claim.
You may worry about failing the drug test and losing your benefits. The truth, however, is you can still prove that you deserve the compensation despite positive drug test results.
Learn how in this article.
Drug Testing After Workplace Accidents
Drugs impair a person’s perception and movements and increase the likelihood of accidents. For example, drugs inhibit your ability to drive a vehicle properly and increase a car crash risk. People on drugs are also more likely to trip, slip, and fall because of poor balance.
Thus, employees who consume drugs at work could face job termination because of misconduct.
It’s why employers often require drug testing immediately after workplace accidents. The procedure could prove if drugs caused the accident or not. And failing the drug test could affect a workers’ comp claim.
How Drug Test Results Impact a Workers’ Comp Claim
There are two ways for drug test results to affect workers’ compensation:
1. Compensation Claim Denial
Failed drug test results could hurt your workers’ comp claim as it could prove intoxication during the workplace accident.
As mentioned above, working while intoxicated is misconduct. Your employer and their insurance provider could thus use that fact to deny your claim. They would argue that you could have avoided the accident if you were sober.
However, they also have to prove that your intoxication had directly caused the accident to deny your claim.
For example, they could deny your compensation if your poor balance due to intoxication caused you to slip, fall, and sustain injuries. However, you could fight your claim if you can prove that the slippery floor caused the accident and not your intoxication.
2. Delay and Reduce the Settlement
Suppose your employer’s insurance provider cannot prove your intoxication directly caused the accident. They can still use your failed drug test results to damage your claim and reduce the compensation.
Thus, always hire a Glendale workers’ compensation attorney to defend and optimize your case.
They will prove that your intoxication didn’t directly cause the workplace accident and help reduce delays during the settlement. Moreover, they will keep the compensation amount at the highest possible value to cover your lost wages and medical treatment.
Undergoing Drug Test After a Workplace Accident
Employers usually require drug testing within 12 hours after a workplace accident and refer you to a selected occupational health doctor for the test.
However, remember to avoid the test from their selected occupational health physician. These doctors tend to work for the employer’s interest and not you. While it’s illegal, they could manipulate the result to hurt your claim.
Thus, you should be the one who will choose where to get a drug test.
If your employer had already subjected you to a drug test in an occupational health clinic, find a different physician for your treatment. Inform your worker’s comp lawyer if you find yourself in this situation.
Call a Workers’ Compensation Lawyer in Glendale to Protect You Against Drug Test Results
Your employer has the right to demand your drug test results to ensure you deserve compensation for your workplace injuries.
However, they may also use the drug test results to damage your claim even if you deserve the benefits. You should thus remember the points above to protect your rights in this situation.
A Glendale workers’ compensation attorney could optimize and defend your benefits claim against failed drug test results.