Employers notably employ the existence of drug or alcohol use in defense of barring employees from pursuing Workers’ Compensation claims. Registering positively on such a substances test immediately creates the presumption that the accident was a result of drug or alcohol use.
However, employers must adhere to certain conditions in order for a positive test to be valid.
A blood-alcohol test must:
1) Be taken within 3 hours of the accident in the subject claim;
2) Be administered by a qualified individual; and
3) Result in BAC level of .08 grams or higher.
In order for a positive drug test to serve as a valid defense, the test must:
1) Be taken within 8 hours of the accident;
2) Register positive for any schedule II drug and/or marijuana;
3) Be a non-prescription drug.
Note that any positive results for drug testing will raise the automatic rebuttable presumption that the accident resulted from the employee’s drug use, regardless of the resulting blood level amount.
If you have suffered a work-related injury and would like to receive an evaluation of your potential claim, please contact us as soon as possible.
Please be advised: every legal case is different. While this information may be informative, it is not intended to constitute legal advice. To determine if the circumstances presented here apply to your case, please do not hesitate to call us today.