Workers’ compensation benefits help to protect people from financial hardship caused by workplace illnesses or injuries. Most employees in Ohio are eligible for both medical benefits and disability payments if a job-acquired medical condition generates care costs or interferes with a professional’s ability to work.
Workers are eligible for no-fault benefits, which means that they aren’t at risk of losing access if they unintentionally cause their injuries through negligence or mistakes at work. Still, there are a handful of circumstances in which employers can challenge an employee’s claim for benefits.
Drug testing is often a mandatory part of the immediate response to an on-the-job incident. Can employers deny workers benefits if they fail drug or alcohol tests after getting hurt on the job?
The burden of proof is on the employer
Technically, a failed drug or alcohol test can be grounds to deny an employee workers’ compensation benefits. However, employers must establish that a worker was under the influence on the job and that their intoxication was the underlying cause of the incident that caused their injuries. Workers have the opportunity to fight denied claims and to have an attorney support them during that process.
Employees denied benefits could appeal the decision and seek benefits. Injured employees might provide an alternate explanation for why they failed drug or alcohol testing. Proof of using a lawful prescription medication and diagnostic reports for unusual medical conditions, as well as mistakes during the testing process, can undermine claims that a worker was impaired on the job.
An injured worker could also question the claim that the alleged impairment was the cause of the incident. For example, if the injury was the result of another professional’s mistake on the job or an equipment malfunction, the chemical state of the worker claiming benefits may not have had any influence on the outcome of the situation.
Impairment-related denials are among the most challenging workers’ compensation cases. Injured employees hoping to pursue workers’ compensation benefits despite a failed drug or alcohol test often need support. Discussing their situation with a workers’ compensation attorney can help employees understand their rights and pursue the benefits they need, even if their employers have attempted to dispute their claims.