Drug Testing Impacts on Workers’ Compensation

Can My Employer Ask For a Drug Test?
Yes, drug or alcohol use inhibits a person’s ability to perform his or her job correctly, resulting in a higher risk of injury to the worker and his or her coworkers. Drug testing may be applied as a routine test of fitness for duty, if the person has a history of drug problems or if there is reasonable suspicion. If your employer maintains a drug-free workplace, then by law your employer must provide education and notice for any testing.

Drug Testing and Workers’ Compensation

Yes, when an employee is injured on the job, the employer will often require a drug test. Florida statutes allow this practice in order to protect employers and their businesses. If an employee refuses to submit a drug test or if the test comes back positive, the employer may deny the workers’ compensation claim. Benefits would not be awarded despite the worker being injured on the job. However, the employer must have previously established the workplace as a drug-free zone and must follow the Florida drug testing statute for conducting such tests. If I can prove that the Employer did not adhere to the procedures of the drug-free workplace, then my client will receive workers’ compensation benefits.

Drug testing for workers’ compensation claims must be performed confidentially. I have represented few clients that have not been drug tested at the outset of each claim. The employer must provide the company’s drug-use policy, information regarding drugs the test is designed to detect as well as a copy of the outcome if the test is positive. Additionally, the employer must also provide information about how to contest the results of the drug test.

Prescription Medication
Prescription medications are often a topic of concern for workers’ compensation claimants. If you are taking a prescription that contains Opiates, then you need to provide that script to the insurance company at the beginning of the claim. Opiates found in many illegal substances such as heroin are often found in the ingredients of many prescription pain killers. Depending on the type of medication the employee may be taking, the drug test could return a false positive. This result could allow an employer to cease all workers’ compensation benefits. This situation could be devastating. Most employees do not have a working knowledge of Florida’s workers’ compensation laws. Therefore, it is imperative that you have a skillful lawyer on your side who can fight incorrect results and reinstate your benefits.

Medical Marijuana
The topic of marijuana legalization is a frequently debated topic. More states are loosening restrictions on marijuana use, whether it be recreational or medical. Florida has recently joined other states in allowing doctors to prescribe medical marijuana in specific cases. However, many employers still choose to implement a drug-free workplace. Despite new state laws, your job maintains the right to enforce an anti-drug policy if it so chooses. The new legislation regarding medical/recreational marijuana use has no sway with your company’s internal policies, therefore it is imperative to stay in touch with your employer’s policies regarding drug use.

In Conclusion
Navigating the complex statues surrounding a workers’ compensation case can be very difficult. A failed drug test can result in missing out on the compensation you deserve. Contact experienced attorney Frank Eidson at (407) 245-2887 for a free case review.