Workers’ compensation is a “no-fault” insurance policy that offers coverage to employees who have sustained an injury or fallen sick while on duty. In simpler terms, employees are not required to prove the employer’s negligence resulted in their injury or illness, as they are entitled to receive the benefits. Arizona law requires that all employers have workers’ compensation insurance.
Nevertheless, some exceptions to the no-fault rule exist. In some cases, if you were high on drugs at the time of the accident, you might be denied your benefits for lost wages, disability, and/or medical expenses. To find out more, contact the skilled Phoenix Workers’ Compensation Attorneys at Snow, Carpio & Weekley Law firm today.
Workers Compensation Drug Testing
Typically, workers’ compensation caters to all personal injuries or wrongful death cases that occur at the workplace. However, this doesn’t always meet the needs of all illnesses or injuries. There are particular variations highlighted in the Arizona Workers’ Compensation Act, such as when the cause of an injury or death includes intoxication or abuse of drugs. If drug testing following the accident that caused an injury or death yields a positive result, employees may not be eligible to receive compensation.
According to Arizona State Law, drug testing employees isn’t regulated in the private sector. Courts have set out various guidelines that employers must adhere to when drug testing to ensure that employee rights aren’t violated. According to these guidelines, employers must:
Ø Incorporate a procedure, which allows as much dignity and privacy as possible;
Ø Offer a notice, close to the start of the testing program but adequate to offer enough warning, by stating the program, detailing methods to select employees that are to be tested, warn employees of the effects of a positive drug test, or failing to take the test, and how the samples are analyzed;
Ø Perform only the tests necessary for determining the presence of drugs in urine, blood, sweat, breath, and/or hair.
The substances checked in a drug test might include marijuana, Ecstasy, amphetamines (like speed or meth), cocaine, and opiates (such as morphine, oxycodone, and heroin). Your employer can also test for the presence of alcohol in your body following a workplace accident.
Most importantly, the Occupational Safety and Health Administration (OSHA), published law in 2016 designed to deter retaliation or discrimination of employees who report workplace injuries. According to this rule, drug testing is only limited to instances where there’s a high probability that intoxication caused the accident.
Contact Snow, Carpio & Weekley Law Firm
Even though it was enacted as a no-fault policy, the workers’ compensation procedure can be quite complicated, especially when you test positive on a drug test conducted after the accident. In such a case, your insurance company or employer might unfairly try to evade compensating you.
The Phoenix Workers’ Compensation Attorneys at Snow, Carpio & Weekley, PLC, understand that every one of their clients’ situations is unique. They are quite aggressive in advocating for the compensation you deserve. With over 100 years of combined legal experience, these attorneys are dedicated to helping people like you. To schedule a free initial consultation, call the office at (877)-370-5788 or go online.