When an employee is hurt on the job, some businesses require “post-incident” drug tests. Companies cannot use drug testing to prevent their employees from applying for workers’ compensation benefits, even though this is permissible provided that the testing is carried out in a legal manner and accordance with OSHA regulations. All in all, consider the possibility that you take a laborers comp drug test and fizzle. Get in touch with the workers compensation attorney consultation springfield mo.
The answer to this question is subject to numerous variables. We go over everything you need to know about workers’ compensation drug tests and your legal options if you fail a “post-incident” drug test after a work accident.
Taking a Workers Comp Drug Test After You Get Hurt at Work
Many organizations have strategies that require their representatives to take drug tests after they get injured working. The Occupational Safety and Health Administration (OSHA) has limited managers’ capacity to require drug tests lately, and it right now suggests that businesses possibly utilize post-episode drug tests when, “representative medication use is probably going to have added to the occurrence, and . . . [ a] drug test can precisely determine impairment brought on by drug use.”
While managers can expect representatives to take post-occurrence drug tests under their business strategies, they can’t need testing as a condition for getting laborers remuneration benefits. Additionally, they cannot use drug testing to prevent workers from exercising their legal right to receive benefits from workers’ compensation.
Having said that, in many states, employers and their insurance companies have the right to deny benefits to employees who harm themselves because they are under the influence of alcohol or drugs. Accordingly, drug testing is in many cases a piece of the laborers’ remuneration guarantee process. Again, however, employers cannot simply require all employees to submit to a drug test when filing for workers’ compensation unless they have good reason to believe that alcohol or drug use was a factor.
Can a Lawyer Help Me Obtain Worker’s Comp Benefits if I Failed the Drug Test?
Assuming you bombed a drug test, you shouldn’t expect that you are ineligible for laborers’ remuneration. You might still be able to get medical, disability, and rehabilitation benefits with the help of an attorney. An attorney may be able to assist in several ways, including challenging the accuracy of your test results or demonstrating that your use of alcohol or drugs was not the cause of your accident. A legal professional can use his or her experience to fully assess your rights and seek all forms of financial compensation on your behalf, even if you do not qualify for workers’ compensation. Other options, such as Social Security disability, may also be available to you if you do not qualify for workers’ compensation.
