Bautista LeRoy Blog

816-221-0382

Drug Testing's Effect On Workers' Compensation Claims

Posted by Bautista Leroy | Jan 27, 2020 | 0 Comments

drug test effect workers compensation claims

Drug testing has become an increasing practice within industries that prioritize worker safety, with major implications on workers' compensation claims relating to both eligibility and the claim process. Employers implement drug tests in an attempt to create a safer working environment, discourage drug usage, and lower accident risks. This raises ethical and legal issues that may impact how the outcome unfolds.

Positive drug test results can lead to the denial of workers' compensation benefits in many states. Employers claim this promotes workplace safety by discouraging substance abuse and substance abusers. However, laws vary between states, with some having strict liability for drug test positives and others requiring proof that the substance directly caused the injuries. This policy is based on the assumption that substance use contributed to the injury.

Questions have also been raised over the procedures and timing of testing after an accident at work. Employers should follow specific protocols to make drug testing legal and fair, such as performing it immediately following an incident to accurately detect impairment. Any delays could compromise an employer's claim for benefits and undermine any attempts they might have at denying benefits claims. Additionally, they must ensure testing methods used are reliable, legal valid methods to minimize disputes about validity results.

An important distinction must be drawn between legal and illegal drugs, with marijuana use not necessarily signaling impairment as many states now permit its recreational and medical use for both medical and recreational use. Employers claiming workers' compensation due to marijuana legalization outside working hours could find themselves challenged in trying to prove how such use hampered an employee from performing safely while contributing directly to workplace injuries.

Drug testing policies relating to workers' compensation cases can create privacy and discrimination concerns among employees, particularly when conducted without reasonable suspicion of drug abuse or targeting certain groups disproportionately. Employers must ensure their drug testing policies are clearly defined, enforced uniformly, and meet federal and state legal standards such as the Americans with Disabilities Act which protects lawful prescription drug usage from being subjected to discriminatory testing practices.

Employees who test positive for drug use may appeal the denial of workers' compensation benefits on various legal grounds. Employers, in this situation, often bear the responsibility to prove that drug abuse was indeed primary in causing their accident; and thus justify denial. These disputes often end in lengthy court battles requiring testimony from legal professionals, toxicologists, and medical practitioners as evidence against each party involved.

Drug tests are crucial in workers' compensation claims to limit liability and promote safety. However, they must adhere to legal standards while respecting employee rights. Employers, legislators, and legal practitioners must consider both parties' rights when designing testing policies. A balanced approach is needed to protect both parties' rights and maintain costs while addressing workplace dynamics. This complex issue requires careful consideration to ensure fair treatment.

For inquiries related to traffic accident laws or injury laws, or to hire an accident attorney, contact the legal professionals of Bautista LeRoy LLC through this number 816-221-0382 or email them at [email protected]. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.

About the Author

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Bautista LeRoy LLC Is Here for You

At Bautista LeRoy, we focus on Elder and Nursing Home Abuse, Defective Products, Trucking and Auto Collisions, Railroad Crossing Litigation, Wrongful Death, Medical Malpractice, and Civil Rights and we are here to listen to you and help you navigate the legal system. Serving Kansas City, MO and KS, Arkansas, Illinois, as well as surrounding areas of Benton County and St. Louis.

Contact Us Today

Bautista LeRoy is committed to answering your questions about Elder and Nursing Home Abuse, Defective Products, Trucking and Auto Collisions, Railroad Crossing Litigation, Wrongful Death, Medical Malpractice, and Civil Rights law issues in Missouri. Serving Kansas City, MO and KS, Arkansas, Illinois, as well as surrounding areas of Benton County and St. Louis.

We offer a Free Consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Menu