Orin J. Cohen Law
Available 24/7 - Free Consultation
718-303-2995

How does a positive drug test affect workers' compensation?

You work hard at your job, but you get into an accident one day. The problem that is plaguing your mind now is that drug test that you are likely going to have to take. You might have used a prescription pain medication that wasn't prescribed to you or you might have used an illegal drug to try to relax. In either case, there is a chance that your drug screen will show positive results. Not only do you have to worry about medical issues from the accident, you also have to worry about how that result will affect your worker's compensation claim.

How does a positive drug test come into the workers' compensation equation?

The issue of a positive drug screen can come into the workers' compensation equation if it is determined that you being under the influence of the drug contributed to the workplace accident. For example, if a construction worker comes to work under the influence of prescription pain medications not prescribed to him or her and falls from scaffolding, the question that comes up is whether the fall was because of the pain medication or not.

Does a positive drug test automatically disqualify me from workers' compensation?

Not necessarily, but it can have a big impact on the decision. Generally, the effects of the drug and the way they contributed to the accident are considered. Since each case is different, it is crucial that you learn how the law pertains to your case. This can be difficult, so it might be necessary to ask these questions to someone familiar with workers' compensation claims in New York.

Source: FindLaw, "Can You Get Workers' Comp If You Fail a Drug Test?," Christopher Coble, Esq., accessed May 26, 2016

No Comments

Leave a comment
Comment Information
Email Us Today

Let us help with your case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

attorney advertising

  • NYSBA
  • NYSTLA

Orin J. Cohen Law
1162 Victory Boulevard
Staten Island, NY 10301

Phone: 718-303-2995
Fax: 718-650-9965
Staten Island Law Office Map