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!