How Drug Testing Impacts Workers’ Compensation Claims
Drug testing can affect a Pennsylvania workers’ compensation claim if an employer argues that drug use caused the workplace injury. While a positive drug test does not automatically result in a denied workers’ compensation claim, employers may deny benefits if they can prove the employee’s intoxication was the cause of the work-related accident.
In most instances, after an employee sustains a work injury, the last thing the employee is thinking about is whether they will be drug tested by the employer. However, drug testing in workers’ compensation claims is a significant factor that can affect the outcome of a claim. Whether related to a workers’ compensation claim or not, employers are generally free to administer drug tests at any time. Therefore, there is a high likelihood that the employee will be screened for drugs immediately following a work injury in an effort to determine the cause of the accident.
Could being under the influence of drugs lead to a denial of my workers’ compensation claim?
Simply put, yes. If the employee is under the influence of illegal drugs at the time of their work injury, it can often lead to the denial of a workers’ compensation claim.
In denying the claim based on drug usage, the employer must prove that the use of drugs caused the employee’s injury. There are rare instances where an injured employee under the influence of drugs will not have their claim denied because the injury was not caused by drug use. However, most of the time, if a work injury occurs and the injured employee is under the influence, the claim will be denied, as the employer will determine that drug use was the cause of the injury. This is a common reason for workers’ compensation claim denial due to drug use.
Do I have to complete a drug test after I am injured at work?
It depends! Under Occupational Safety and Health Administration (OSHA) rules, employers are forbidden from retaliating against injured employees by performing drug tests. However, there is an exception that permits employers to perform drug tests when there is an “objectively reasonable basis” for doing so. Essentially, an employer cannot require the injured worker to undergo a drug screening unless there is reason to believe that drug use caused the work accident and injury, which is often a major factor in drug testing in workers’ compensation claims. If there is reason to believe drugs caused the accident, the employer must test every employee that could have caused the accident. A reasonable basis also exists when the drug test is random or unrelated to the work accident.
If the drug test meets OSHA requirements, and the injured employee refuses, the employer is permitted to deny the workers’ compensation claim and may even fire the injured worker for violating the company’s drug policy.
What kind of drug test will I have to perform?
Under Pennsylvania law, there is no standard drug test used in workers’ compensation claims. The employer is at liberty to use any type of drug test they choose. This means the test could be performed through urine, hair, blood, or breath.
What if I use medical marijuana?
While medical marijuana is legal in Pennsylvania, employers are permitted to discipline employees for the use of medical marijuana on the employer’s premises and for being under the influence of marijuana while working. Therefore, even if you are prescribed medical marijuana, if marijuana use causes a work accident, your workers’ compensation claim could be denied.
What about prescribed medications?
In most cases, taking prescribed medications is acceptable and will not be a basis for denying your workers’ compensation claim. However, issues could arise if the injured worker misuses the medications or performs activities they were not permitted to while on such medications. If the medication is misused, or activities outside of these limitations were performed when the work injury occurred, this could be a basis for denying your workers’ compensation claim.
Talk to a Pennsylvania Workers’ Compensation Lawyer
If you were injured at work and your employer requested a drug test, do not assume a positive result automatically means you have lost your workers’ compensation claim.
At Stern & Cohen, our Philadelphia workers’ compensation lawyers help injured workers understand their rights after workplace accidents, denied claims, and post-injury drug testing. We represent workers throughout Philadelphia and across Pennsylvania.
If your workers’ compensation claim was denied because of a drug test—or you have questions about your rights after a workplace injury—contact Stern & Cohen for a free consultation
FAQs
Can I be drug tested after a workplace injury in Pennsylvania?
Yes, in some situations. Employers may require a drug test after a workplace injury if there is an objectively reasonable basis to believe drug use contributed to the accident or if the test is part of a lawful random drug testing policy. Employers cannot use post-injury drug testing simply to discourage employees from reporting work injuries.
Will failing a drug test automatically deny my workers' compensation claim?
Not necessarily. A positive drug test alone does not automatically prevent you from receiving workers’ compensation benefits. In Pennsylvania, the employer generally must prove that your drug use caused or contributed to the workplace accident before your claim can be denied.
Can I receive workers' compensation if I use medical marijuana?
Possibly. Although medical marijuana is legal in Pennsylvania, your claim could still be denied if your employer can show that you were impaired at work and that the impairment caused your injury. Every case is different, so it is important to speak with an attorney if medical marijuana becomes an issue in your claim.
What if I was taking prescription medication when I was injured?
Taking prescription medication does not automatically disqualify you from workers’ compensation benefits. However, if the medication was being misused or impaired your ability to work safely, the insurance company may argue that it contributed to the accident.
Can I refuse a post-injury drug test?
Refusing a lawful post-injury drug test can have serious consequences. Depending on your employer’s policies and the circumstances surrounding your accident, refusing the test could result in disciplinary action, termination, or a denial of your workers’ compensation claim.