After a workplace injury, you will have many concerns. Of course, you want to recover from your injuries, and you may wonder how you are going to pay your medical bills, particularly if you are unable to return to work. You may be heartened to know that workers’ compensation benefits can help you cover some of your losses. However, if your employer has asked you to submit to a drug test and you are worried about failing it, you may wonder how this will affect your workers’ compensation case. Below, one of our Arizona workers’ compensation lawyers explains further.
Can Workers’ Comp Be Denied After a Failed Drug Test?
Denying an injured worker the right to workers’ compensation due to a failed drug test is a violation of their rights, according to a Supreme Court of Arizona ruling in 2005.
The workers’ compensation law in Arizona is fairly straightforward. It is meant to help ensure that the workforce in the state remains strong and robust. It is for this reason that all employers in Arizona are required to purchase and maintain workers’ compensation insurance, allowing all injured employees to obtain benefits after a workplace accident. Although there are almost always exceptions to the law, generally speaking, workers’ comp protects most employees in the state.
There are times when workers’ compensation claims can be denied. For example, if a person suffers a heart attack while they are not at work. Still, if long-term effects from the heart attack are exacerbated by employment duties and result in further injury while the employee is on the job, they are still entitled to workers’ compensation benefits. Many employers and insurance companies try to wrongfully deny workers’ compensation claims. They may even try to deny a claim after a failed drug test even though this has largely been deemed unconstitutional.
On the other hand, if drug use was the primary cause of your injury, that may be a reason to deny workers’ compensation benefits. This was highlighted in a case heard by the state’s Supreme Court, Grammatico v. Industrial Commission. Grammatico, a construction worker, fell on the job while on drywall stilts. His workers’ compensation claim was denied after a drug test was returned positive for marijuana. The court determined that because the drug use was not the primary reason for the injury, the plaintiff was still entitled to workers’ compensation benefits.
Do Employers Have the Right to Drug Test You After a Workplace Accident?
While you cannot be denied workers’ compensation benefits simply for failing a drug test, your employer does have the right to require you to take one. All employers in Arizona have the right to maintain a drug-free workplace. If they have a reasonable suspicion that one of their workers is using drugs, they also have the right to test them. Employers can even randomly test employees for drug use as long as they have provided them with a copy of the company’s policy for drug testing.
If your employer believed you were impaired at the time of the workplace accident, they may ask you to submit to a drug test right away. In many states, impairment is cause to deny workers’ compensation claims, but the Arizona Supreme Court has also determined that denying workers’ comp benefits based solely on intoxication is unconstitutional. Still, your employer may try to argue that the accident was caused solely because you were impaired and that can make it harder to obtain workers’ compensation benefits.
Contrary to what many employees think, drug testing is also not a violation of the Fair Labor Standards Act (FLSA). In fact, there is no federal law that prohibits employers from testing their employees for drug use.
What Happens if You Fail a Drug Test After a Workplace Accident?
While you still have a right to workers’ compensation benefits after failing a drug test, your employer has certain rights, as well. For example, they may choose to fire you because you failed the drug test and they may be within their rights to do so. Like all states throughout the country, Arizona is an at-will employment state. This means employers can fire employees for any reason. Even if you are fired due to a failed drug test, you can still receive workers’ compensation benefits for a workplace injury even after you are terminated.
Can Employees Refuse a Drug Test?
Employees in Arizona have many rights, including the right to refuse drug testing. Refusing a drug test is not technically the same thing as failing a drug test, but it may have similar consequences for workers. If you refuse a drug test, your employer may think it is because you know you would fail it. This may result in termination or other employment penalties, such as reduced hours or a demotion.
What to Do if Benefits are Denied After Failing a Drug Test
Employers and insurance companies use many tactics to deny employees the benefits they deserve. Employers do this to ensure their premiums do not increase and insurance companies do it to protect their profits and bottom line. When an employee fails a drug test, they may use this to deny a claim because of the negative connotations associated with it. Due to the fact that in most cases, this violates a worker’s rights, you can appeal the decision. The appeals process is very complex, however. It is important to speak to an Arizona worker’ compensation lawyer who can help you through it.
Call Our Workers’ Compensation Lawyers in Arizona Today
If you have been denied workers’ compensation due to a failed drug test or because of any other reason, you need legal help. At Snow, Carpio & Weekley, PLC, our Arizona workers’ compensation lawyers can provide it. We can review the facts of your case and ensure that your rights are always protected. Contact us to schedule a free review of your case and to get the legal advice you need.
