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Northern California Since 1969

How Drug Tests Can Affect Your Workers' Comp Claim

In many cases, employers require their employees to get their urine tested they suffer an injury at the workplace. If this happens to you, there are several things you should know about drug tests in relation to workers’ compensation benefits.

First, if you are sent to a physician’s office for a urine test, you do not have to obtain treatment from that doctor for your injury. Seeking medical assistance from an occupational medical clinic is not a wise choice. Remember, a doctor hired by the workers’ comp insurance carrier is only looking out for your employer’s best interests, not yours. This means that they will try to find any excuse to either deny or reduce your benefits so your employer saves money. It is best to obtain medical treatment for your work injury with your family doctor.

Second, failing a drug test does not disqualify you from workers’ compensation benefits if you were not intoxicated at the time of the incident. In order for a denial of workers’ compensation benefits to be upheld in court, the employer must prove that the injured worker was impaired and the impairment was the cause of the accident. On the other hand, failing a drug test may delay payment of lost-time benefits and limit your permanent benefits.

The best thing to do when faced with workers’ comp drug testing is to speak with an experienced workers’ comp attorney to help make the right decisions for your claim. At Smolich & Smolich, our legal team is here to answer your questions and help you understand your options.

Contact us and request a free consultation today.

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