After an accident, you may be unsure what your employer is expected to do. You may be worried they will drug test after an injury.
According to the Occupational Safety and Health Administration, there are some guidelines for drug testing in the workplace. It is critical that no testing violates discrimination factors. However, if there is reasonable suspicion that drug use occurred and could have contributed to the work-related injury, drug testing may be necessary.
Do You Need to Be Tested for Drugs After Being Injured at Work?
After a workplace injury, you may be unsure of your rights regarding being drug tested. There is no federal law in place that requires or prohibits workplaces from requiring a drug test.
In general, your employer cannot force you to take a drug test, as employees always have the right to refuse such testing. Refusing could have negative consequences based on workplace policies.
Also, note that your employer cannot retaliate against an employee by requiring a drug test. If there is any reason to believe your employer acted in such a way, reach out to a workplace attorney to help you navigate your rights.
OSHA Guidelines on Post-Injury Drug Testing
Employers must provide a safe environment for employees. Understanding risks associated with drug use on the job can play a role in that process. When it comes to post-injury drug testing, OSHA offers a few guidelines for doing so:
- The drug testing is random.
- Drug testing should always fall under the state’s workers’ compensation laws.
- Drug testing that is unrelated to the reporting of a work-related injury or illness is permissible
- Drug testing is permissible if it falls under federal laws, such as those related to the U.S. Department of Transportation rules.
- Drug testing can be used to determine the root cause of a workplace incident in situations that harmed or could have harmed other employees.
Can You Refuse a Drug Test After an Injury at Work?
An employer cannot force a person to undergo a drug test. However, in situations where a workplace accident occurs and there is reason to believe drugs played a role in the process, the employer can request a drug test.
If the employee refuses, the employer can apply consequences to that action, which may include termination of employment. These steps should be outlined in an employee guidebook, and a formal policy should be in place.
How Long Do Drugs Stay in Your System?
Many factors contribute to how long drugs remain in your system, including the type of substance and the amount used. Typically, you can expect the following timelines for how long drugs are detectable in urine:
- Marijuana and THC: 1 to 7 days
- Heroin: 1 to 3 days
- Cocaine: 2 to 3 days
- Meth: 2 to 3 days
- MDMA: 2 to 4 days
Blood tests or hair testing can reveal the presence of drugs over a longer period.
Can a Positive Test Affect Your Workers’ Comp Claim?
The presence of a positive drug test does not automatically mean that a workers’ compensation claim is null and void. However, it can create an opportunity for a rebuttable presumption. That means that you must demonstrate that the illegal substance did not contribute to the accident or workplace injury.
How Is Workers’ Comp Impacted if You Refuse a Drug Test?
If you refuse a drug test after a workplace injury and the OSHA guidelines are in place (as noted previously), the employer may deny your request for workers’ compensation. The employer has the right, at that point, to terminate your employment as well based on the employer’s work policies for refusal to comply with drug testing.
Can You Challenge the Results of a Drug Test?
Various factors can make a drug test inaccurate, such as the use of medications or supplements. Lab errors can also contribute to this concern.
It is possible to challenge a positive test. Because of how much is on the line in this process, it is nearly always wise to speak to a workers’ compensation attorney about your rights to do so.
Speak to your employer and our legal team to dispute a drug test. Ask for a retest. While they do not have to provide one to you, most employers will do so if they believe there is reason to consider this.
Can You Be Fired if You Test Positive on a Drug Test?
In short, yes, you can lose your job if you fail a drug test. The key to remember is that employers have an obligation to other employees to ensure the environment is safe. A person suspected of engaging in drug use and impaired on the job puts those employees at risk.
Employers must have in place a post-accident drug test policy. A policy like this minimizes the risk that the employee will be discriminated against in any way.
A Lawyer Can Help if Your Workers’ Comp Claim Was Denied
If you are facing a denial of your workers’ compensation claim because you failed a drug test or for any other reason, seek out the help of our legal team. At Pond Lehocky Giordano, we specialize in helping clients navigate these challenges through several steps:
- We investigate what occurred to find evidence to support your claim.
- We take on the appeals process for you, minimizing the risk of missed opportunities.
- We negotiate passionately from a place of experience.
If, for any reason, you are unsure if you will pass a drug test or if you will receive fair treatment for a work-related injury, do not wait to contact our legal team. We can help you even before you file.
If Your Workers’ Comp Claim Was Denied, Talk to a Lawyer for Help
Pond Lehocky Giordano works to fight for our clients to receive the maximum compensation allowable under the law for all of their suffering. Our team brings 250 years of combined experience and the successful completion of over 100,000 cases to your fight. To schedule a free, no-obligation consultation, call or fill out our contact form today.
