There are several situations where an employer might require a drug test, including after a workplace accident. If you’ve been asked to take a workers’ comp drug test following a work-related accident and are wondering, Can you get fired for failing a drug test? Contact Arechigo & Stokka for guidance.
If you suffered an injury at work, you are undoubtedly going through a difficult time, but try to stay calm.
Often, drug testing after a workplace accident is routine.
In reality, it usually does not affect an employee’s ability to receive workers’ compensation benefits. But, it is always best to consult with a knowledgeable workers’ comp attorney.
Minnesota Workers’ Comp Drug Testing Law
There are specific laws that govern when an employer can drug test an employee following a work accident and injury.
If you suffered a work injury and are wondering, Can you get fired for failing a workers’ comp drug test? Do they drug test for workers’ comp? Contact the workers’ comp attorneys at Arechigo & Stokka today.
Minnesota workers’ compensation law governs an employer’s ability to test an employee for drug or alcohol use.
Employers have the discretion to decide whether to conduct a workers’ comp drug test. However, if there are suspicions that drugs played a role in the accident, they may opt for screening.
Your employer may be able to fire you for failing a drug test. However, that will not necessarily affect your workers’ compensation benefits.
Even if an employee is found to be intoxicated at the time of the injury, the employer must prove both that:
- The employee was intoxicated by drugs or alcohol at the time of the accident, and
- The intoxication was the proximate cause of the injury.
If the employer can make this showing, it may compromise your ability to receive workers’ compensation benefits.
If you fail a drug test after an accident, the insurance company may try to deny your claim. Laws allow workers to file a claim even if a drug test comes back positive after a workplace accident, ensuring that employees still have the right to seek benefits despite the test results.
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Example Scenario Applying the Two-Prong Test
Say a painter falls off his ladder, with no other intervening factors, and a test of his blood alcohol content (BAC) shows the presence of alcohol. It is likely an employer can show the employee’s intoxication was the proximate cause of injury.
On the other hand, let’s say the intoxicated painter falls off his ladder because another person walked into it and it began to wobble. The painter will probably still be entitled to receive workers’ compensation benefits.
Although the worker is intoxicated, the intoxication is not the proximate cause of their injury.
Even though you may be entitled to workers’ comp benefits despite a positive drug test, the positive test can still affect your employment.
As long as it doesn’t violate your employment agreement or any other law, your employer can fire you for failing a drug test.
If you suffered a work-related injury and tested positive for drugs or alcohol, do not panic.
Although workers’ compensation law certainly does not intend to encourage drug or alcohol use while working, it remains favorable to the employee.
The purpose of workers’ comp insurance itself is to protect the employee, and a positive drug test does not automatically change that.
If an employer cannot demonstrate through the specific facts and circumstances surrounding the accident that the intoxication was the main cause of your injury, they cannot bar you from receiving workers’ comp benefits.
Fired for Failing a Workers’ Comp Drug Test? Seek Legal Assistance from Minnesota Workers’ Compensation Attorneys
If you or someone you love was injured at work, and you are wondering, Can you be fired for failing a drug test? Or What happens if you fail a drug test for workers’ comp
You should seek the advice of experienced workers’ compensation counsel.
At Arechigo & Stokka we have been representing injured employees for over a decade with outstanding results.
Here, every client receives the personal attention they deserve. Contact us to schedule a free, no-obligation consultation.
Where to find our St. Paul, MN office:
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