[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.rbrlawfirm.com\/blog\/workers-comp-denied-if-drug-test-fails\/#BlogPosting","mainEntityOfPage":"https:\/\/www.rbrlawfirm.com\/blog\/workers-comp-denied-if-drug-test-fails\/","headline":"Will My Workers\u2019 Comp Be Denied If I Fail a Drug Test?","name":"Will My Workers\u2019 Comp Be Denied If I Fail a Drug Test?","description":"In a landmark case, an Oklahoma court allowed an injured worker to receive\u00a0workers\u2019 compensation benefits even though\u00a0he tested positive for marijuana use\u00a0after a workplace accident. The ruling in the Oklahoma case Rose v. Berry Plastics Corp, as\u00a0explained in the National Law Review\u00a0and\u00a0in Business Insurance, underscores the no-fault nature of workers\u2019...","datePublished":"2021-11-08","dateModified":"2023-12-28","author":{"@type":"Person","@id":"https:\/\/www.rbrlawfirm.com\/blog\/author\/rbrlawfirm\/#Person","name":"Ryan Bisher Ryan & Simons","url":"https:\/\/www.rbrlawfirm.com\/blog\/author\/rbrlawfirm\/","identifier":9,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/d0925a45a81b21fd1dd057ea2aa3cf0b7862bc7e8478f659a09444e627cf1a3f?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/d0925a45a81b21fd1dd057ea2aa3cf0b7862bc7e8478f659a09444e627cf1a3f?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Ryan Bisher Ryan & Simons","logo":{"@type":"ImageObject","@id":"https:\/\/www.rbrlawfirm.com\/wp-content\/uploads\/2019\/06\/rbrs-logo-96x96.png","url":"https:\/\/www.rbrlawfirm.com\/wp-content\/uploads\/2019\/06\/rbrs-logo-96x96.png","width":96,"height":96}},"image":{"@type":"ImageObject","@id":"https:\/\/www.rbrlawfirm.com\/wp-content\/uploads\/2019\/11\/failed-drug-test.jpg","url":"https:\/\/www.rbrlawfirm.com\/wp-content\/uploads\/2019\/11\/failed-drug-test.jpg","height":576,"width":1024},"url":"https:\/\/www.rbrlawfirm.com\/blog\/workers-comp-denied-if-drug-test-fails\/","about":["Workers' Compensation"],"wordCount":1257,"articleBody":"In a landmark case, an Oklahoma court allowed an injured worker to receive\u00a0workers\u2019 compensation benefits even though\u00a0he tested positive for marijuana use\u00a0after a workplace accident.The ruling in the Oklahoma case Rose v. Berry Plastics Corp, as\u00a0explained in the National Law Review\u00a0and\u00a0in Business Insurance, underscores the no-fault nature of workers\u2019 compensation injury insurance.Typically, workers\u2019 compensation benefits are available to covered workers regardless of how they were injured on the job, unless they were intoxicated at the time of the injury, or the injury was wholly unrelated to the person\u2019s employment.In Rose, the Oklahoma court found\u00a0that \u201cthe presence of an intoxicating substance in the (injured worker\u2019s bloodstream) does not automatically mean that person is intoxicated.\u201dDillion Rose was trying to retrieve a piece of plastic stuck in a machine roller, but a co-worker accidentally restarted the machine as Rose reached into it, and his left hand and wrist were crushed. \u201cHe was subjected to a post-accident drug test and tested positive for marijuana and morphine,\u201d the National Law Review article said.\u00a0Rose\u2019s workers\u2019 compensation claim was initially denied due to the positive drug test results.At a hearing before an administrative law judge (ALJ), Rose acknowledged smoking marijuana the night before the accident. He also acknowledged that putting his hand inside the machine was unsafe. But\u00a0Rose maintained that he was \u2018thinking clearly\u2019 and was not impaired.There was no evidence to refute Rose\u2019s statements about the circumstances of the accident.Proving That Drug Intoxication Didn\u2019t Cause Your InjuriesRose prevailed when the ALJ ruled that intoxication had no causal relationship to the injury and that Rose\u2019s employer should provide medical treatment and temporary disability benefits.But Rose\u2019s employer, Berry Plastics in McAlester, Oklahoma, appealed to the Oklahoma Workers\u2019 Compensation Commission (WCC), which ruled that \u201cwe are not convinced\u201d that Rose was clear-headed at the time of the accident and that the chemicals in his system may have affected his \u201cjudgment, physical and cognitive facilities at the time of the accident.\u201dThe Oklahoma Civil Court of Appeals ruled that\u00a0the WCC should have only determined whether there was \u201cclear and convincing evidence\u201d to support the ALJ\u2019s finding that intoxication had no causal relationship to the injury. The WCC\u2019s statement that the chemicals in Rose\u2019s system\u00a0may\u00a0have\u00a0affected him at the time of the accident was speculation, the court said.The court\u2019s ruling reiterates that the burden of proof in worker\u2019s compensation cases is on the employer, not the injured worker.\u00a0The Court of Appeals rejected the commission\u2019s inference that the presence of marijuana in Mr. Rose\u2019s failed drug test meant he was intoxicated at the time of the accident, Business Insider explained. The appellate court reinstated the ALJ\u2019s order providing benefits to Rose.What Happens if You Get Hurt at Work and Fail a Drug Test?While you may be concerned about your ability to collect workers\u2019 compensation in Oklahoma if you fail a drug test, you may still be able to receive these benefits. Your employer will likely try to deny your claim, but you can appeal this decision. If you can prove one of the following to be true, you may still receive benefits:You were not intoxicated \u2013 As noted above, in Rose, the ALJ rejected the defense\u00a0that the employee was intoxicated simply due to the presence of a drug in their system.The intoxication had no causal relationship to the accident \u2013 Even if you test positive for drugs or alcohol, there must be a causal relationship between the intoxication and your injuries. For example, if you were run over by a reckless forklift driver at work or were hurt because a product was defective, your intoxication may have had no bearing on the accident.Our Oklahoma workers\u2019 compensation lawyers can review the circumstances involved in your case, analyze your medical records, collect evidence to support your claim, and fight for the benefits you deserve.Does Workers\u2019 Comp in Oklahoma Require a Post-Injury Drug Test?Employers in Oklahoma may require employees to undergo drug tests under various circumstances as long as there is a written policy in place and employees are notified of the policy at least 30 days before any testing.Often such\u00a0tests are a condition of hiring, but drug tests may also legally be required by Oklahoma employers:After an accident has occurredUpon reasonable suspicion of workplace intoxicationAs random testing (with restrictions on public employers for specific positions; unrestricted for private employers)As periodic fitness-for-duty medical examinationsFollowing drug rehabilitation.The employer\u2019s drug or alcohol testing policy must comply with Oklahoma\u2019s\u00a0Standards for Workplace Drug and Alcohol Testing Act. It\u00a0may be communicated to employees and prospective employees\u00a0by posting the policy at prominent employee access areas, personally handing the employee a copy of the policy, or through the mail or via e-mail with document-receipt capability. The employer must pay all costs of testing and make an employee assistance program available to employees.Employers may discipline employees who test positive for illegal drug use and\/or drug or alcohol intoxication on the job, or for refusal to take a test.While blood-alcohol concentration (BAC) testing can measure current impairment, no such test for marijuana is readily available. However, in 2020, Business Insurance reported\u00a0that\u00a0new drug tests set to hit the market\u00a0were expected to measure marijuana impairment like how an alcohol breathalyzer works.While Oklahoma\u2019s medical marijuana program makes the drug easily available to anyone who can obtain a physician\u2019s recommendation for it, employers have a legal and legitimate right to prohibit on-the-job intoxication.What Kind of Drugs Are Tested for Workers Comp? Should I Be Worried?As cited above shows, the legitimacy of a workers\u2019 compensation claim may be questioned due to the worker\u2019s impairment at the time of the accident. However a failed drug test by itself does not automatically disqualify an injured worker from receiving workers\u2019 compensation benefits.The Rose case will unquestionably be cited as a guiding precedent that a positive post-accident drug test for marijuana does not prove intoxication at the time of the accident. Marijuana and other drugs can remain in the user\u2019s system long after intoxication has worn off.The exact\u00a0amount of time a drug stays in the user\u2019s system\u00a0will vary according to factors like the dosage, as well as the person\u2019s age, weight, sex, and physical health. For example, some average times that drugs will continue to show up in a urine drug test include:Marijuana\/THC: 1-7 days.Heroin: 1-3 days.Cocaine: 2-3 days.Methadone: 2-3 days.MDMA: 2-4 daysRitalin: 1-3 days.Tramadol: 1-4 daysXanax: 4-7 daysValium: 10 days.Contact an Oklahoma Workers\u2019 Comp Attorney About a Failed Drug TestIf you fail a post-accident drug test required by an employer and you were injured badly enough to justify a workers\u2019 compensation claim, you should contact an experienced Oklahoma workers\u2019 compensation attorney as soon as possible. Your\u00a0employer may try to dispute your claim,\u00a0but you may still be eligible for workers\u2019 compensation benefits.The\u00a0Oklahoma workers\u2019 compensation lawyers\u00a0of Ryan Bisher Ryan & Simons\u00a0have decades of experience and the resources necessary to fight for you if you are having difficulty obtaining workers\u2019 compensation benefits. Contact us today\u00a0to schedule a free consultation about your work-related injury.This post was originally published in November 2019\u00a0and has been updated for accuracy and comprehensiveness in November 2021."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.rbrlawfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Will My Workers\u2019 Comp Be Denied If I Fail a Drug Test?","item":"https:\/\/www.rbrlawfirm.com\/blog\/workers-comp-denied-if-drug-test-fails\/#breadcrumbitem"}]}]