Can a workers’ compensation claim be denied because of a positive drug test? No. Read on to find out why.

So, you were injured at work, and as is often the case, your employer required you to take an immediate drug test as part of your injury report. Why do employers do this anyways?  Well, different employers have different reasons for their policies and it has the most to do with their employment policies.   However, one of the most sinister reasons could be that they may want to use the drug test results against you to deny your workers’ compensation claim and save their business’ bottom line.

Before considering why your employer may have denied your compensation, let’s understand its functional principle. If you sustain an injury or contract an illness while working, you shall be covered by a state-sponsored insurance policy known as workers’ compensation. It acts as a safety net for employees and employers if an employee is injured.

The essence of the arrangement is based on a “no-fault” system. You do not have to establish liability to become eligible for benefits due to your illness or injury. However, there are a few restrictions to this principle. There are cases where you may get denied workers’ comp benefits after sustaining an injury due to drug use if you test positive for drugs. This is where knowing the answer to “can a workers’ compensation claim be denied because of a positive drug test,” becomes crucial. We suggest getting a direct answer to this question and more from the Law Office of Joseph Pluta in a free consultation that you can schedule right away!

What Happens If You Fail A Drug Test For Workers’ Comp?

Are you asking this question because you’re afraid that something will show up on your drug test?  You can relax, a dirty drug test by itself is not enough to deny you workers’ compensation benefits in California.  In order to deny you workers’ compensation benefits based on intoxication, your employer (or their insurance company) must prove three things:

First, your employer must prove that you took an intoxicating substance.  In this case, the dirty drug test will be enough to meet this requirement.

Next, your employer must prove that you were actually intoxicated as a result of taking this substance.  To prove this, they are going to need medical evidence that shows the presence of an intoxicating substance and also the amount of the intoxicating substance.  Further, a medical expert will have to give their opinion as to whether or not that amount of intoxicating substance actually led to intoxication.

Finally, your employer must show that there is a causal connection between your intoxication and the injury that you sustained.  That means it is not enough that you took something intoxicating and you were actually intoxicated when you were injured.  A classic example of this is where you have a few beers at lunch, are intoxicated and upon returning to work, you are hit by a forklift whose driver lost control and you were just in the wrong place at the wrong time.  In this example, your intoxication had no effect on whether or not you were injured so it cannot be said to have caused your injury.  In this situation, you would still be entitled to workers’ compensation benefits.

California’s Workers’ Compensation Program: A Brief Overview!

If an employee is injured while at work, they become eligible for workers’ compensation to cover medical costs and lost wages for days absent from work. For example, regardless of whether lifting crates leads to your shoulder displacement or if you are diagnosed with an occupational disease due to company negligence, you can report the occurrence to benefit from California’s workers’ compensation insurance program.

However, most people think that if the accident happened during working hours, the employee will automatically be covered. However, this is only sometimes the case, as there are many possible reasons why your workers’s comp claim can be denied. Such a factor might be too many previous compensations or a positive drug test, where we’ll discuss the second case at length.

Why Do Employers Mandate Drug Testing?

If an employer has a reason to believe that an incident at work has been caused directly by the use of drugs, they are within their rights to ask an employee for drug testing your workers’s comp claim. It is up to the judge to consider the drug testing results to determine the injured employee’s workers comp eligibility.

Do You Have To Take a Drug Test for Workers Comp?

There is currently no overarching US Federal legislation that prohibits or mandates the presence of drug testing in any workplace. Hence, different states have different laws since there is no singular federal law on drug testing at the workplace.

In California, it is against the law to conduct drug testing after a work-related injury unless there is reasonable suspicion that drugs or alcohol contributed to the incident. This means employers can only order a drug test for some employees involved in a workplace injury with evidence backing their claim. The drug testing policy enforced by the California Department of Industrial Relations acknowledges that while carrying out drug tests could benefit an organization, it could also be an infringement of a person’s right to privacy and right to be free from unreasonable discrimination.

The California Supreme court has ruled that drug testing can be mandated by employers only in instances that pose a real and tangible risk, such as workplaces where there are accidents resulting in severe injuries or considerable damages.

To summarize, an employer cannot:

  • Force you to take a drug test. Every employee has the right to decline a request to undergo a drug test. Nevertheless, an employee who opts not to take the test may face inevitable negative consequences, including termination.
  • Take professional revenge on an employee. According to the Occupational Health and Safety Administration (OSHA), employers cannot subject employees to drug testing unless it is to retaliate or dissuade employees from making a workers’ comp claim.

Do you feel your employer has unfairly denied your workers’ compensation benefits? Contact the Law Office of Joseph Pluta to plan your next steps toward securing your benefits.

What Happens If You Deny Workers’ Comp Drug Test California?

Employees are given the option to opt out of the drug test as a means to protect their freedom of choice. However, your refusal could be held against you. For example, if a worker’s compensation claim has been made and the employer or the insurance company can prove that the employee sustained their injuries due to the influence of drugs or alcohol during work, then this fact may serve as a relevant defense against the claim and may entitle an employer to deny workers’ compensation payouts.

If you believe your employer will likely use the evidence of the positive drug test against you to refuse your claim for workers’ compensation benefits, consult us as soon as possible. Our lawyer specializing in workers’ compensation claims is familiar with the legal requirements in your situation and will work hard to achieve the best possible results in your case.

Planning Your Next Steps After A Workers Comp Failed Drug Test!

Just because a worker had a drug or alcohol in their system at the time of the accident does not mean that the accident occurred because of the drugs or alcohol. The employer or an insurance firm is the one who has to prove whether the consumption of liquor or drugs caused the accident.

Nevertheless, this doesn’t mean that you will go unpunished. Even though marijuana is legal in California, effective 9 November 2016, it is still prohibited at the federal level. You can still file a claim if you are found to have taken marijuana, yet it can be undermined in a few areas. This is because it can be questioned, and there can be hostility from the employer and their insurance provider. Even if it’s not true, they may put forth the argument that the accident occurred because you had the drug in your system.

An employer only gets to deny you workers’ comp if two distinct tenets have been effectively proven. These are stated as follows:

  • That the drug test administers a reliable means of establishing any impairment of performance owing to drug usage.
  • That the presence of the drugs in your system was the direct cause of the accident leading to injury.

Nonetheless, in the event that you have not passed a workers’ compensation drug screening, your claim and its associated benefits may be refused by the employers as well as their insurance companies. In this situation, you will need the assistance of a seasoned expert workers’ compensation lawyer in dealing with compensation cases of this nature.

Consult The Law Office of Joseph Pluta!

Even if the insurer has denied claim, you can contest the decision and pursue legal action on your claim. In that scenario, a judge will resolve the dispute and decide whether the claim is valid. Although, as of today, no law prevents a workers’ compensation insurer from denying a claim if the insured has a positive drug test for marijuana, we still suggest you contact us to be sure about your situation.

To Conclude!

The bottom line here is even if you have a dirty drug test, you may still be entitled to compensation.  If you’re not sure or if you just have questions, the best course of action is to ask a workers’ compensation attorney.

Frequently Asked Questions

What happens when an employee tests positive for drugs?

A failed drug test at work refers to a situation in which the employee has been found to have tested positive for some substance, be it through urine, oral fluid, hair, or other drug test. Typical possible outcomes of a drug test failure in the workplace include but are not limited to dismissal, suspension, an evaluation and rehabilitation for drug abuse, or other punitive measures. While it is often true that positive test results for controlled substances will reveal a history of substance abuse, it is also disgracefully easy to obtain a false positive. Because of this reason, there may be a need for some employers to undertake more research, seek a medical evaluation, or propose a re-test before applying or enforcing consequences to an employee for failing a drug test.

Can a workers’ compensation claim be denied because of a positive drug test?

Particular laws enacted in California place restrictions on employers regarding the drug testing of their employees. Nevertheless, the constitution of California also acknowledges the right to privacy of employees and places some limitations on the ability of an employer to require testing for drug usage. For example, it is illegal for companies that do not belong to specific categories, such as the transportation and aviation industries, to conduct random drug tests on their employees. In most cases, and with a few notable exceptions, Section 1025 of the California Labor Code permits employers of individuals who failed a drug test to terminate employment or refuse to hire the individual in the first place.

What happens if you fail a drug test on disability?

To continue receiving disability benefits, the SSA engages in periodic assessments of disability status, known as continuing disability reviews (CDR). These reviews do not entail tests for substance abuse, but an employee of the SSA will keep tabs on your medical records. If your history indicates a failed drug screening from another source, such as your place of employment, you may be at risk of benefits loss. If law enforcement intervenes on issues relating to your use of controlled substances, the risk to your benefits is more profound. Being incarcerated, in most cases, is synonymous with being a loser on benefits.

Can you still get workers to comp if you fail a drug test in California?

California law does not, however, disqualify a worker from receiving workers’ compensation benefits for simply failing a drug test. But where an employer can prove that the injury resulted primarily from drug use, that employer may successfully deny the claim. This makes the employer responsible for proving that the employee’s substance use is clearly and directly related to the injury-causing event.

 Can you fight a failed drug test?

If you have received news about failing a drug test not long ago, you should start questioning the reliability of the test results. Have you ever taken any illegal drugs or other substances that might make you test positive? In such cases, asking for more accurate testing, although it won’t help most of the time, could help clear your reputation. You must know the laws and consult a lawyer for any concerns about false positives or where the employer is reluctant to provide a more credible and sensitive test. Alternatively, if you are consciously misusing drugs, then this could be an indication of an addiction or substance dependence in you. Perhaps it is best to seek help from a certified and recognized substance abuse clinic and treatment center. All forms of addiction are difficult to bear, and there indeed is help out there to aid in recovery.