- Workers' Compensation
One of the first hurdles you must pass in a workers comp case is the drug test. Most employers will tell you to take the test as soon as you report your accident. And, as any Boca Raton workers comp lawyer knows, you do not have the right to say no.
Let us discuss the legal aspects of alcohol and drug testing at the workplace in the aftermath of a work-related accident.
Is Your Employer Enrolled in the Drug-Free Workplace Program?
The first thing an attorney will ask is whether your employer is part of Florida’s Drug-Free Workplace Program. If the answer is, yes, then your employer has the right to administer drug tests in a wide range of situations.
Some of these instances include:
- Pre-employment screening test for job applicants who are considered for a position
- Random drug tests
- Reasonable suspicion drug testing.
- Fit-for-duty testing for employees operating heavy machinery and equipment.
A workplace accident qualifies as a reasonable suspicion instance. If you refuse the test, you will most likely be terminated and have your workers comp claim denied. If you fail the test, you face the same consequences.
However, presuming that you worked for the company for some time, you know the rules and you’ve passed several random drug tests. Thus, it would be an extremely unfortunate situation if you decide to break your employer’s rule before a workplace accident.
Can Other Employers Administer Drug Tests after a Workplace Accident?
Now, presuming that your employer is not enrolled in the Drug-Free Workplace Program, they still have the right to administer a drug test according to Florida Workers’ Compensation law.
Being under the influence of alcohol or drugs is one of the conditions that make you ineligible to file a claim for benefits. Thus, the employer has a vested interest to screen you, since a positive result gives them the right to deny your claim.
Medical Marijuana and Workplace Accidents
When you consult with a Boca Raton workers comp lawyer, they will ask you if you are registered as a patient who can take medical marijuana. Here is the main problem with this particular type of drug.
Although you have your ID card legally issued by the Office of Medical Marijuana Use (OMMU), you may still get your claim denied and lose your job.
Although medical marijuana is legal in the state of Florida, it is still illegal at the federal level. If you work for an employer that receives federal funds or follows federal workplace regulations, your ID card for medical marijuana use will offer you no protection.
Is There a Way to Get Workers Comp Benefits after a Failed Drug Test?
Although the prospects look grim, do not give up on pursuing your rights after a failed drug test. Seek advice from an experienced lawyer, because there may be ways of getting the workers comp benefits you need.
For example, the drug test results must be confirmed by a certified medical review officer (MRO). Many employers take action and decide to deny claims or terminate employees without waiting for this confirmation – which can take several days.
In many cases, the MRO results disproved the initial test results. The fact is that workplace-administered tests can be inaccurate because of inadequate training, poor calibration, or other issues.
Finally, even if the MRO confirms a positive drug test, your attorney may be able to prove that your drug or alcohol use had no impact on your workplace accident. For example, if a piece of scaffolding breaks and you fall down from a height, the incident could have happened even if you were completely free of alcohol or controlled substances.
Talk to a Boca Raton Workers Comp Lawyer!
It may appear next to impossible to get workers comp benefits if you failed a drug and alcohol test after the accident. However, there are cases where you can challenge a denied claim. Reach out to an experienced Boca Raton workers comp lawyer and tell them exactly what happened.
You do not have anything to lose, because as a new client you benefit from a free case evaluation so call us today at 954-388-8616!
