Many workers are subjected to periodic drug testing as well as drug tests after an employee has sustained a work injury. This test is typically to ensure you were not inebriated or under the influence of a narcotic before the accident.
Before you take a drug test, you should ensure the clinic offering the test is not an occupational medicine clinic, such as Concentra. Concentra has been accused of conspiring with employers such as Walmart to limit the care of their injured workers. Other occupational doctors might changer the diagnosis of an injury from “work-related” to “non-work related” with no medical evidence to justify the change. If your employer tries to steer you to an occupational medicine clinic, talk to an experienced workers’ compensation lawyer as soon as possible.
Likewise, failing a drug test also doesn’t automatically disqualify you from workers’ compensation benefits as long as you weren’t intoxicated at the time of the accident. In order to avoid paying workers’ comp, an employer must show your inebriation or intoxication was the sole cause of your work injury. This burden of proof isn’t easy, but it is possible. However, failing a drug test could also delay payments of lost-time benefits and limit your permanent benefits if your employer can argue that by failing your drug test, they were prevented from accommodating any work injuries you have or might have had.
If you’re having trouble getting your benefits after a work injury, let our Santa Ana workman's comp attorneys help. Ufkes & Bright is a firm with more than 50 years of combined experience to offer your case. Let us discuss your situation with you in a free case consultation.
Get started on your case by calling us at (714) 500-8661 or filling out our online form today.