Dugan & Associates, P.C.
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What happens if you fail a drug test?

Drug tests are common occurrences in many workplaces. Which may beg the question, can you receive workers' compensation if you fail a drug test? Some companies require the administration of a drug test before disbursing workers' compensation or even as a regular part of the employment. This post will go over how you may lose your benefits and what you can do to appeal it.


Workers? compensation is popularly known as a "no-fault" insurance scheme. No-fault systems are designed to reduce transaction costs by making payments mandatory if a set list of factors are met. In exchange, the paying company is entitled to reduced payments, designed only to cover the injury and provide some wage replacement.

But that does not mean that all injuries are automatically covered. For example, some states and companies require that workers submit to a drug test prior to receiving benefits. To be sure, the employer is required to provide immediate medical care to the injured worker. But the test can be administered soon after. If the results are positive, your employer can deny you benefits.

But there are rules regarding drug tests. For example, your employer should draft a company-wide policy and provide it to all employees. The policy should treat everyone the same and administer the tests in the same way.

If you were injured on the job, you might want to contact an attorney. A lawyer can go over the details of your claim, assist you in gathering evidence, prepare the paperwork, and comply with the deadlines. Yes, workers? compensation claims are subject to strict deadlines. If you miss a deadline, that could endanger your claim. A lawyer can help you remain in compliance or, if necessary, help you overcome a denial of your claim.


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