How Drug Testing Impacts Workers’ Compensation Claims

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.

What if my claim is denied based on a failed drug test?

If your claim is denied based on a failed drug test, you will need the help of an experienced workers’ compensation law firm. With the assistance of an attorney, you may be able to prove that while drugs were in your system, you were not under the influence at the time of the work injury, or that another employee’s conduct caused your work injury rather than drug use.

If you have been injured at work, asked to complete a post-injury drug screening, failed a post-injury drug screening, or need assistance with your workers’ compensation claim, don’t hesitate to contact us at Stern & Cohen. We offer free consultations and are ready to help you navigate the complexities of the Pennsylvania workers’ compensation system to ensure you receive the benefits you deserve. Reach out to us today to discuss your case.