Protecting Your Right of Compensation after a Drug Test

Posted February 2nd, 2021 by .

Categories: Workers Compensation.

Your employer might request a drug test before you claim compensation after suffering an injury at work. Usually, the law regards workers’ compensation as no-fault to mean that you are still entitled to some benefits even if you played a role in your accident. However, an exemption is included if a drug test reveals a drug in your system. You are advised to hire an attorney to protect your right after you’ve undergone a workers’ compensation drug testing. Call for a consultation with a Hudson County Personal Injury Attorney to protect your right of compensation. Below is essential information regarding drug tests:

What period is the employer allowed to request a drug test?

There is a limited time within which an employer can request a drug test after an injury. According to the law in most states, employers can deny you compensation if they find controlled substances such as marijuana eight hours or less after you had an accident. The most common drug test is the urine tests. However, they may also request a blood test to look for the presence of other substances. Testing more than eight hours after an accident cannot stand to refute a compensation claim. Drugs tested include:

  •       Cocaine
  •       Marijuana
  •       Opiates
  •       Phencyclidine

Can you refuse to take a drug test?

Although you can easily refuse to take the requested drug test, it is not recommended as the law will classify it as failing the test, which will deny you compensation. The court assumes that you will take the drug test willingly unless you have something to hide. This will harm your case.

What happens if you fail the workers’ compensation drug testing?

Failing a drug test will not automatically disqualify you from claiming compensation. There is a law of reputable presumption where you will now be required to prove that the substance found in your system had nothing to do with the accident. When this task shifts to you, it might be easy or difficult depending on the circumstances available at the time of injury.

An easy circumstance may be a case where you were hit by a coworker who was operating equipment nearby. This is beyond doubt that whatever substance was found did not influence the chances of suffering an accident. On the other hand, if no substance was found after a workers’ compensation drug testing, you will not be required to prove anything as liability will fall on the employer as they should always provide you with a safe working environment.

When to use an attorney

Considering you still retain the right of compensation regardless of the outcome, it is essential that you hire an attorney to help you prove your claim. Experts at The Law Offices of Anthony Carbone gather the necessary evidence, including testimonies and footage to prove you had nothing to do with the accident. If your drug test turned out negative, they would still help you follow up until you are rightfully compensated. Call a Hudson County Personal Injury Attorney today to protect your right as a worker.

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