Will My Workers’ Compensation Be Denied if I Fail a Drug Test?
Workplace accidents happen. Even the most careful workers can sustain injuries at work. Employees are entitled to worker’s compensation benefits after sustaining an injury. However, if it is discovered that drugs were in the system of someone who experienced a workplace accident, that person may end up not being eligible for workers’ compensation. Thankfully, the Burton Law Group is here to explain how a claim works when there is a positive drug test result. We have your back if you need a Tulsa workers’ comp attorney. Let’s take a closer look at this scenario to help you in your case.
Work-Related Accidents Due to Drugs
An individual who has sustained a work-related accident due to drugs may experience an injury that prevents them from working. They may have to leave work for some time due to their injuries. These injuries can range from minor scratches and bruises to more severe, even death.
Is Workers Compensation Post Injury Drug Testing Mandatory in Oklahoma?
Unlike other states, Oklahoma does not require employees to perform a drug test after a workplace accident. However, it should be noted that certain employers may choose to proceed with drug testing at their discretion. They must meet the requirements set by the Oklahoma Standards for Workplace Drug and Alcohol Testing Act (ODATA).
What Happens if You Fail a Drug Test When Seeking Workers Compensation?
Failing a drug test after sustaining an on-the-job injury will result in a statutory presumption that the injury was not work-related. Although failing a drug test does not always result in losing your workers’ comp, it is at a minimum a temporary bar to same. Here are a few scenarios that could play out.
- It is up to the employer to decide what happens next.
- Your employer may choose to ignore or proceed with action to deny your workers’ compensation.
- Depending on the drugs and/or amount of alcohol in your system, your claim could be admitted.
However, the presence of alcohol or drugs in your system at the time of the accident does not immediately mean that you will be denied. Your company and/or their insurance company has the right to use this proof to deny your workers compensation benefits. This is when it is incredibly important that you seek out a Tulsa workers comp attorney to help fight back and obtain your benefits.
What Are Your Options or Defenses if You Fail a Drug Test?
Your company has to use the proof of drugs and/or alcohol in your system at the time of your accident to deny your workers compensation benefits. Your options are much greater if you have a legal defense team involved early on to combat the claims of your company. A Tulsa workers comp attorney can help fight back against this claim and keep your benefits if your company chooses this route. Many times, it can be proven that the accident was not caused by drugs or alcohol.
Accidents can happen whenever we least expect them. This is why it is important that you seek out a legal defense that can help you whenever you need it the most. A worker’s compensation attorney will be able to build a case to overcome the positive drug test. Trying to take on a company and their legal team alone is never a good idea.
Burton Law Group has been helping individuals for many years. Contact us if you need legal assistance. We are here with you to keep fighting until the bitter end to ensure that you receive what you deserve when it comes to workers’ compensation.