Injured employees are often eligible for workers’ compensation benefits. Whether they fell off a ladder or made a timing error, they may be able to request disability and medical benefits.
Workers’ compensation can help cover lost wages and can pay for medical treatment required by injured professionals. Workers’ compensation is typically a form of no-fault protection, but there are some circumstances in which fault and misconduct could influence eligibility for benefits.
Do workers who fail drug or alcohol tests automatically lose their rights to request workers’ compensation benefits?
Coverage may still be available
There are two specific factors that influence a worker’s rights after a failed drug test in a work injury scenario. The first has to do with the company’s policies. Employers have the right to request pre-employment drug testing. They can also test workers during their employment if company policy affirms that practice.
Even in cases where company rules and employee handbooks support the right to chemically test workers, a failed test does not automatically eliminate eligibility for workers’ compensation benefits. Employers also have to prove that the alleged impairment was the underlying cause of the incident. In some cases, a failed test is not proof that a worker was impaired on the job or that their impairment contributed to their injuries.
Professionals concerned that they might fail drug or alcohol testing, possibly because of their choices in their personal lives, may still be eligible for workers’ compensation benefits. Working with an attorney can help professionals understand their rights. Those facing complicated workers’ compensation claims may need help responding to their employers and pursuing the benefits they need, and that’s okay.
