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What are the liabilities of an employer who has a worker accident but they fail the post-accident drug test?


i was debating about it online and someone was saying: "[drug testing] is used to keep them from giving you workman's compensation should you get injured."

I have always wondered myself how it works and i responded "i don't think that's true. i believe the way it works it that if you fail a test (post-accident), then they fire you and pay your accident charges. I think that the only way that an employer can get out of liability is if you have to go to the hospital after an accident and the doctor is willing to document that the individual was obviously on drugs as he took you in his care. Either that or if you have several employees willing to say "we witnessed that that dude was obviously on drugs"

am i right?

If you fail a post accident drug test the following will usually happen.

The medical bills will still be paid and covered by workers comp insurance.

You will be fired and WC will not pay one red cent in lost wages.

So, you will have ZERO income and at least you won't have huge medical bills.

This is yet one more idiocy of our drug laws/war on drugs. The fact that a joint you smoked two weeks ago at home will get you fired.

Keep in mind that not ALL employers require drug testing. There are still a few of us left with brains. Not many, but a few.

Of course, most of our jobs are in China now anyway.

If you have an accident at work and go to the ER, they are going to do a drug test when you tell them it happened at work. Standard practice. It you fail that drug test, the company's workman's comp insurance won't pay you a dime. They don't cover your medical expenses, and you lose your job! It is not the company's fault you got hurt if you were drunk, high or stoned!! It is your own fault, and you can pay your own bills!!

If they can prove (or at least show) that the accident was caused either directly or indirectly by the effect they had on the person involved they can refuse to pay any medical costs or workers comp.

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