If you’ve been injured at work and have filed for workers’ compensation, then you’ve probably been asked to take a drug test. If a drug test for workers’ comp feels like a pointless invasion of privacy, don’t worry — we agree. Unfortunately, there’s nothing you can do to avoid this: it’s the law.
If You’re a Workers’ Compensation Claimant, You Must Take a Drug Test
Workers’ compensation claims are often filed when workers suffer injuries at work. These injuries may be physical (such as broken bones) or mental (like stress).
When filing a claim, injured employees must prove that their injury was not self-inflicted. This means proving that the injury did not result from their own negligence. To help them prove this, employers may require injured employees to take a drug test.
What Does the Law Say About Drug Testing Workers?
Reasonable Suspicion
An employer must have “reasonable suspicion” that the employee has taken illegal drugs. Reasonable suspicion exists when the employer has specific facts that lead him to believe that the employee has used drugs. An employer cannot simply rely upon his personal opinion or speculation.
Notice
Before conducting a drug test, the employer must give the claimant written notice about the test. The notice should include information about how the test will be conducted and what the results will mean. It should also explain why the employer suspects that the employee has used illicit drugs.
Voluntary Submission
The claimant must consent to the drug test before it takes place. If the claimant refuses to take the test, then the employer cannot force him to take it.
Confidentiality
The employer must keep the results of the drug test confidential. He cannot share the results with anyone else unless the claimant waives confidentiality.
Of course, we don’t condone the use of illegal drugs or drugs that were not prescribed to you; however, that doesn’t mean we think the insurance company should be allowed to drug test you. In reality, there’s not much of a relationship between what you possibly took at a party two weeks ago, and how a coworker drove a forklift into you yesterday.
The scenario that we see more often than illegal drug use is people taking prescription drugs that aren’t prescribed to them. For example, if while waiting to see the doctor, you take some of your wife’s prescription painkillers, you could test positive for drug use. In that case, you could lose your right to benefits.
Taking someone else’s painkillers might not seem like a big deal, especially when you’re in a great amount of pain, but the reality is that it is illegal. Don’t put your case in jeopardy by taking medication that’s not prescribed to you.
If you’re concerned that a drug test may prevent you from receiving workers’ comp benefits, be sure to contact an experienced attorney. We can help you determine whether or not your case will be affected.
