If you are involved in an accident at work, your employer’s workers’ compensation insurance may be responsible for covering the costs of your medical care and some of your lost wages. However, your employer may be looking for a reason to deny your claim or there may be a strict policy in place that establishes the automatic denial of workers’ comp claims for employees who do not pass a drug test.
Here’s what you should know about submitting to drug testing after being injured at work.
Individual Employer Requirements
There is no federal mandate that requires employees to be drug tested immediately after a work-related accident or filing a workers’ compensation claim. However, employers can choose to do so as part of their work accident policy. Your employer should have included information about filing a workers’ comp claim with your new hire paperwork.
What Happens If You Fail a Drug Test?
If your employer does require you to take a drug test after you are hurt on the job or file for workers’ comp, and you fail the test, there are a few things that can happen next:
Denial of Your Workers’ Compensation Claim
Often, testing positive for any illegal substance in relation to workers’ comp results in the flat-out denial of the claim. This is true even if there is zero evidence you used the substance on the job or were intoxicated by the substance at the time of your accident. This is most common in the case of marijuana.
Cannabis can be detected in drug test samples for up to 30 days after a person’s last use. This means that someome could have used marijuana nearly a month before the accident and still have their claim denied, even though they were in no way intoxicated by marijuana at the time of their injury.
Appealing Your Claim
If your workers’ comp claim was denied for any reason, you have the option to appeal the decision within a certain time frame.
When to Contact a Florida Workers’ Comp Lawyer
Were you denied workers’ compensation benefits due to testing positive for an illegal substance after an injury on the job? You may still be able to obtain medical coverage and partial replacement of lost wages by appealing the denial with the help of an experienced Florida workers’ compensation attorney.
Contact Marshall Adler today for a consultation to discuss your case in detail by calling 407-648-5523.