Drug Testing & Workplace Injuries: Burden of Proof

Posted By Law Offices of Wax & Wax || 7-Feb-2019

Can a Drug Test Affect Your Workers’ Compensation Claim?

The purpose of workers’ compensation insurance is to make sure that employees are protected from losing their income and subsequent means to well-being due to a workplace accident or illness. This inherent purpose, and the laws protecting the privacy of employees, work in your favor when it comes to drug testing after an injury.

Luckily, although drug testing is common after a workplace injury occurs, the use of the drug test results is not easily applicable, as your employer would have to prove intoxication as the cause of the injury. The issue of drug testing and its effects on workers’ compensation claims is most apparent when an injury is severe, and your employer is seeking defense against paying your claim. These drug tests are typically looking for 5 types of drugs: cannabinoids, cocaine, amphetamines, opiates, and phencyclidine (pcp). The severity of the drugs found in your system and the drug test proximity to when the injury occurred may come into play as your employer attempts to prove intoxication.

If you are dealing with a workers’ compensation claim and were drug tested, you may be worried about its effects on your claim. Let our team of Glendale workers’ compensation attorneys at the Law Offices of Wax & Wax review your claim and protect you from potential loss of benefits. We have the knowledge and experience that is required to protect your rights to compensation.

The Grey Area: Legal Marijuana

Because recreational and medicinal marijuana is legal in California, the use of marijuana is more likely to be considered in workers’ compensation claims wherein the injury is severe. Despite its legal status, employers may still try to use it against you when avoiding paying on a claim. Marijuana is fat soluble, so it may remain in your system and result in a positive drug test for weeks or even months after use. If your injury is severe, your employer may even retain an investigator in an attempt to undermine your claim. If you are worried about how marijuana use may affect your claim, it is best to speak with a member of our team as soon as possible after an incident.

Protect Your Rights with Help from our Glendale Workers’ Compensation Lawyers

Don’t let your employer or insurance company representatives bully you into not getting what you deserve. Let our team of Glendale workers’ compensation attorneys stand with you and fight for the coverage and compensation that is due. You deserve to recover from your injury without financial loss,

Contact our team today to discuss your case at (818) 946-0608.

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