Can An Injured Employee Get Compensation If They Fail A Drug Test?

Lawyer in McHenry County, Workers Compensation

The worker’s compensation system exists to ensure that workers get compensation for their injuries no matter what. Since there is no fault in this law, workers can’t sue their employers over this. That means employers handle workers’ injury no matter the circumstances. The fact is, it is undebatable.
However, there is a limit to this law. If you suffer an injury and fail a drug test, then you’re putting yourself in a precarious position. If that is the case, all hope is not lost. Here are a few things you need to know about compensation and failed drug tests.
What You Need To Know
To further understand your stance in a case of workers’ compensation and failed drug tests, here are few clarifications that would give you an edge. First, your employer must carry out the drug test within eight hours before the accident. If perhaps they carried out the procedure much later, they must prove to the honorable court that the drug indeed caused the injury.
Most times, drugs don’t cause work injuries. But employers might want to capitalize on that loophole to avoid paying compensation. It doesn’t make sense to deny workers compensation, especially if you took the drugs weeks ago and outside of the work premises.
On the other hand, you still have a strong claim on the compensation if the test was within eight hours. There must be proof that the drug in your system impaired your ability at work.
Firing After Falling A Drug Test          
Your company has the right to fire you for going against their work rules, especially if they want a drug-free workplace. However, they don’t have the right to deny you of your workers’ compensation even if you failed a drug test. Failing a drug test doesn’t mean the worker was intoxicated or under the influence while at work. Also, you need to be conscious of coworkers who might want to protect their jobs through lies. Sometimes, they often make a statement to incriminate you.
To make sure they don’t deny you of your benefits, making sure to get a reliable legal representative will be an incredible action you shouldn’t overlook.
Wrapping Up!
Whether you failed the drug test or not, you still have a strong claim to your worker’s compensation claim. To ensure you don’t make any mistake, get a competent attorney who will represent you in the process of settling your compensation today.
Consult with us at Franks & Rechenberg, P.C., where we will help secure your access to workers’ compensation benefits at crucial times.
Learn more about workers’ compensation through this guide: