Workers’ compensation benefits work to help employees injured on the job. However, failing a drug test can complicate your claim.
Drug testing after a workplace injury
After an injury, many employers require drug testing. If you test positive for drugs or alcohol, it raises questions about whether impairment contributed to your accident. California law doesn’t automatically disqualify you from receiving workers’ compensation if you fail a drug test, but it could weaken your claim. The burden of proof is on your employer to show that drug use directly caused your injury.
It is your employer’s responsibility to prove that drug use was the direct cause of your injury. This is consistent with Section 5705 of the California Labor Code, which requires the employer to demonstrate that intoxication was a contributing factor in the harm.
Impact on your workers’ compensation claim
If your employer proves that drug or alcohol use directly caused your injury, the state can deny your workers’ compensation claim. This could result in losing medical coverage and wage replacement benefits.
However, if drug use wasn’t a factor in your injury, for example, if your accident was caused by faulty equipment, you may still be eligible for benefits. California’s comparative fault rules allow for partial benefits even if drug use was a factor, as long as it wasn’t the main cause of the injury.
Protect your rights after a failed drug test
Understanding the complexities surrounding failed drug tests and workers’ compensation is vital for anyone navigating a claim. Each case is unique, and knowing the factors that can influence your claim is crucial to making informed decisions.