Injuries happen occasionally while on the job. It can be a disconcerting time, especially if you are concerned about making ends meet. This is where worker's compensation comes in. Worker's compensation is in place so that employees can get paid for their expenses and medical costs while they are out.
In most cases, worker's compensation will cover all costs associated with a work-related injury. However, there are some instances where your injury is not going to be covered by worker's compensation. One reason for this not passing a drug test at the time of the accident. Here is some information that you should keep in mind when it comes to drug tests and worker's compensation:
When Is an Employer Not Required to Pay Benefits?
When an employee submits a worker's compensation claim to his or her human resources department, the employee will be required to answer some specific questions. One of them is if the employee was under the influence of drugs when the injury occurred. This could relieve the employer from paying benefits. However, there are many factors that will be considered before the employer is off the hook.
What Happens if Your Fail a Drug Test While Filing a Worker's Compensation Claim?
While an employer is going to do everything it can to prevent paying a worker's compensation claim to an employee with a failed drug test, it does not automatically mean your claim is dead. You need to look at your company's policy on drug testing in the workplace. If one does not exist, that means that they had no legal right to test you.
If there is a drug testing policy in place, you need to make sure that the test is done right after the injury. A hospital should administer the test, and the results need to come from an independent lab to avoid a conflict of interest.
If you suspect that your test was conducted under substandard circumstances or was not done in a way that is fair, you can build a case against your employer. You will need to inform your attorney about your suspicions and start documenting as much information as you can to build up your evidence.
Getting hurt at work is never ideal, but you do not also want to deal with the hassle of being accused of using drugs at the same time. Contact your workers compensation attorney as soon as you suspect your employer is trying to get out of paying your worker's compensation claim.