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Attorney David N. Cole II

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Can My Employer Make Me Take a Drug Test After an Injury?

David Cole / February 3, 2019

Drug testing is complicated territory and laws are moving in favor of employees, but your employer may still be allowed to require a post-injury drug test.

Each state has different rules. If your employer requires a drug test, they will typically need to prove that they had a reason to believe that intoxication led to your injury and if you fail the test, your employer still needs to prove that intoxication actually did lead to your injury. In some states there are very strict requirements for how the test is administered, as well.

If you have been tested for drug use after reporting work injury in Vermont or New Hampshire, please talk to attorney David Cole to understand your rights and determine if you have a claim.

Denying or Reducing Workers’ Compensation Benefits

A positive drug test can make your Workers’ Compensation claim much more difficult, but it does not necessarily mean that you will lose all or any of your benefits. Your employer needs to prove that you were intoxicated at the time of the accident. A drug test alone cannot do that.

Then there is the matter of the accident itself. Did your intoxication contribute to the accident or injury? If you were injured due to equipment malfunction, building collapse or something else that was beyond your control, in most cases it will not matter if you happened to be intoxicated at the time.

And there are laws specifically regarding drug testing. In some states, employers are required to follow strict rule for administering the test. For instance, in some states your employer must pay for the test, it must be conducted in a facility certified by the National Institute on Drug Abuse (NIDA), and a second sample must be collected and preserved for you to have retested.

To learn more about drug testing and your legal rights and your rights here in New Hampshire and Vermont, please talk to attorney David Cole.

Filed Under: Blog

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