Workers' comp after failed drug test: can i still collect benefits?

Marianna Terry asked a question: Workers' comp after failed drug test: can i still collect benefits?
Asked By: Marianna Terry
Date created: Thu, Aug 12, 2021 5:36 AM

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❓ Drug law workers comp?

In 2002 the Ohio supreme court ruled that drug testing a injured worker was unconstitutional.

❓ Workers’ comp drug test: what happens if you fail?

There are cases where you may get denied workers’ comp if you fail a drug test. This is when a workers’ comp drug test becomes an issue. This is …

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Why workers’ comp after a failed drug test after a work injury should not automatically disqualify you from collecting Michigan workers' compensation benefits. Our clients are routinely drug tested after a workplace injury. This is done to save money on claims that can be denied. We understand why this occurs but take issue with how some injured workers are treated.

When you fail a drug test during your workers’ compensation claim, it doesn’t necessarily prove that your judgment was impaired at the time of injury. Even where illegal drugs, or alcohol, are found in your test, your employer or their insurance company must prove that this was the cause of your accident. If the failed drug test is a result ...

Workers Comp drug testing laws govern how an employer can gather evidence for an intoxication defense against paying your claim for benefits. However, drug testing and drug defenses do not come into play on a workers’ compensation claim as often as you might think. Even if an employee does undergo drug testing and it is found that alcohol or drug intoxication played a role in the work injury, it still might not be enough to rule out the employee’s benefits under the law.

What If I Was Fired After Failing A Drug Test? Your employer may fire you after you fail a drug test. That is their right if they want to have a drug-free workplace. However, even if you are fired for failing a drug test, your employer and the insurance company will still have to pay your workers’ compensation benefits if you were legitimately injured on the job.

If you have failed a drug test and your employer has decided to fight your unemployment benefits claim, you may still have a right to an unemployment hearing, during which you can present evidence...

If you die because of your work-related injury or illness, however, your family can receive survivor benefits. Can I Still Receive Workers’ Comp Benefits If I Fail a Drug Test? In many cases, yes. Many employers will drug test employees after a workplace accident, especially if it was a motor vehicle accident.

2. Failing a drug test does not disqualify you from workers’ compensation benefits if you weren’t intoxicated at the time of the accident. Failing a drug test does not disqualify you from receiving benefits. An employer must show that your intoxication was the sole cause of your work injury. This is difficult, but not impossible.

The state’s Workers’ Compensation Commission ruled the employee should receive benefits because the company didn’t prove that the drug use caused the accident. State law states “no compensation shall be awarded to the employee … for an injury … caused by … the employee’s use of a non-prescribed controlled substance.”

The comp judge’s decision was based on the fourth sentence in a paragraph of the revised workers’ comp law: “For purposes of workers’ compensation, no employee who tests positive for the presence of … alcohol, illegal drugs, or illegally used chemicals, or refuses to take a drug or alcohol test required by the employer, shall be eligible for such compensation.”

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