How Does a Drug Test Affect a Workers’ Compensation Claim?

They Did Inhale – How a Positive Drug Test Affects a Workers’ Compensation Claim

In North Carolina, a workers’ compensation case can be denied if the on the job injury was caused by being under the influence of an intoxicating substance.  However, there are several factors to consider when a worker has a positive drug test.  An injured worker’s case cannot be denied if that intoxicating substance was provided, or supplied by the employer, or his agent in a supervisory capacity to the employee.  A classic example of this would be attending a work function where it is expected and enforced that alcohol be consumed to entertain potential clients, or other business contacts, and the worker then gets hurt due to his company supplying alcohol.

The workers’ compensation insurance company, or self-insured company also has to show that the worker was intoxicated, which is not necessarily so cut and dry.  For example, a positive drug test for marijuana, cocaine, and other drugs does not indicate a level of impairment like an alcohol blood test does.  Marijuana and cocaine can stay in a person’s system for days, or weeks after the drug was used.  There is no level of “stonedness” that can be measured.

Additionally, the workers’ compensation insurance company, or self-insured company must show any intoxication proximately caused the work injury.  So, if there is a positive drug test for cocaine, and the worker is injured when an automobile driven by a unrelated third-party crashes into the work vehicle the worker is a passenger in – the workers’ compensation insurance company will have an extremely difficult time proving that any intoxication was the proximate cause of the work accident.  However, even in the set of facts above workers’ compensation benefits are often denied based on the drug test alone.  

If you have been injured on the job, and had your workers’ compensation case denied for a positive drug test, please reach out to our firm so we can put our years of experience to work for you.  Tippens & Zurosky has knowledgeable, experienced attorneys who can fight for your rights if you have been injured on the job, or in an automobile accident in North Carolina, or South Carolina.  Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation.  Let us help you!

A Safe Carolinas Summer Is The Best Summer

School is Out for the Summer!

Summer is here and with it comes vacations to the beaches, or mountains, kids playing outside, visits to area pools and lakes, and sometimes torrential downpours that make driving a challenge.  Take care this summer when driving through neighborhoods and be aware that kids may be outside playing, even after dark.  Also, make sure in rainy weather that you are allowing a safe following distance as slick roads tend to shorten the distance that we think is safe.  Don’t forget to pay attention to the car in front of you, who may be from out of the area, and thus prone to stop short, or drive distracted.  Have your eyes on the traffic, and the road conditions, both of which can change instantaneously on long trips to the beach, or mountains.

The hazards of the road are only one potential danger.  Take great caution in the operation of fireworks, and make sure your children are properly supervised, and out of any potential blast zone.  Likewise, be aware and careful when lighting a gas grill for a momentary distraction could be far longer than merely momentary, and lead to a gas build up that when ignited can have drastic consequences.  The ultimate heat of the sun is a danger during the summer months so make sure you stay hydrated, have on sun protection, and are monitoring the children for signs of heat stroke.  Finally, be aware of your surroundings while swimming, and keep in mind that we share the oceans, rivers, and lakes of North Carolina and South Carolina with wild creatures such as sharks, alligators, snakes, jellyfish, eels, and snapping turtles.  Those folks that choose to swim at night are entering a time when many animals are looking for their dinner, and if they are not careful then they may find themselves, a child, or a pet the subject of an attack.  Remember you are invading their environment, and not the other way around.

Tippens & Zurosky is available to serve your auto accident and workers’ compensation needs, and wishes you a safe and happy summer.  Tippens & Zurosky has represented people involved in auto accidents, or hurt on the job in North Carolina and South Carolina for nearly twenty years.  Let us answer any of your questions regarding any automobile accident, or work-related injury.  Call us toll free at (877) 372-3580, or 704-343-0018 to schedule a consultation so that we may assist you.