A workers’ compensation covers the medical bills and loss of income, when you get injured at the workplace or performing job-related tasks. It doesn’t matter if you got sick due to asbestos exposure or dislocated your shoulder while unloading the boxes.
It is crucial to report this injury immediately to take advantage of the benefits. Even if the injury occurred at the workplace while doing your work-task, it does mean you are automatically entitled to the workers’ compensation. Your claim may be denied for several reasons, even a positive drug test report.
Drug test law in California
California has a privacy law to protect employees from random work testing at the workplace. The Employer needs to have some valid reason like workplace injury to conduct a drug test. According to the California Labor Code Section 5705. The employer will need to prove a couple of things before refusing workers’ compensation benefits.
- At the time the employee got injured he/she was intoxicated, which can be proved through witness testimony and breath-analyzer.
- The intoxication was the main cause of injury. The employee may have been injured due to a tool that fell and hit his head, such an accident can occur despite any impairment level. If a worker slips& falls, the employee can argue that injury was due to intoxication.
A positive drug test report does not mean the injured employee is ineligible for a workers’ compensation. Choose an experienced workers’ compensation lawyer like Edward J. Singer. You can go for a free consultation regarding the workers compensation drug testing impact on your benefits.
Why is a drug test, a concern for injured employees?
Drug test gives a report on a variety of drugs the injured employees may be using. This testing can hold information, which the insurers can use to defend the injured employee’s workers’ compensation claim. The kind of things that can impact the credibility of the employee’s case include
- Denial of the employee using drugs even if they have been tested positive.
- The employee may be using street drugs like marijuana that may be affecting their emotional state.
Tips to injured workers regarding drug test
- The injured employee will be asked about the medication they use.
- Tell the doctor about every medication either prescribed or non-prescribed you are using.
- Be truthful and accurate with the doctors.
- Be cooperative with the doctor to ensure you get proper medication.
- If you use medical marijuana then have a valid prescription to avoid the jeopardizing of your employment status, which can lead to job termination. [Marijuana may get detected after an industrial accident during the drug test].
Hire an experienced workers’ compensation lawyer!