• A positive drug test doesn’t automatically block workers’ comp benefits.
• Employer must prove the substance caused or contributed to your injury.
• Tests can be inaccurate; false positives or past use may not show impairment.
Getting hurt on the job is stressful enough, but when a positive drug test comes into play, it can feel like your workers’ compensation case is over before it begins. Many North Carolina workers assume that a positive drug screen automatically disqualifies them from receiving benefits, but that’s not always true.
Tests are not always accurate or show a true cause of the accident. While a positive test can complicate your case, it’s not necessarily the end of the road. Understanding your rights and consulting with an experienced NC workers’ compensation attorney can make all the difference.
North Carolina Workers’ Compensation Law and Drug Use
Under North Carolina law, employers have the right to drug test employees after a workplace injury. A positive drug screen can lead to an employer or their insurance company denying your workers’ compensation claim, citing that impairment caused the accident. However, there are important legal nuances that could keep your case alive.
For a positive drug test to bar your NC workers’ comp benefits, the employer must prove two key points:
- The substance was in your system at the time of the accident.
- The substance caused or significantly contributed to the accident.
For example, if you slipped on a wet floor while working and injured your back, your employer would need to show that the substance impaired your ability to notice the hazard or avoid the fall. If the accident was unrelated to any potential impairment, you may still be entitled to benefits.
Challenges with Drug Testing and Positive Results
Drug testing, particularly post-accident testing, isn’t foolproof. A positive result doesn’t necessarily mean you were impaired at the time of the incident. Some substances, like marijuana, can remain in your system for days or even weeks after use without causing impairment. False positives are also a possibility with certain medications or testing errors.
If you test positive, an experienced workers’ compensation attorney can help challenge the test results or the assumption of impairment. They may review how the test was administered, whether it followed legal and procedural guidelines, and whether the substance was likely to affect your ability to perform your job safely.
Your Rights Under North Carolina Workers’ Compensation Law
Even with a positive drug test, you still have rights. North Carolina law protects injured workers in many ways, and you’re entitled to due process.
Here’s what you should know:
- Burden of proof: It’s the employer’s responsibility to prove that impairment caused your injury—not yours to prove it didn’t.
- Appeals process: If your claim is denied, you can appeal the decision with the help of an attorney who understands the complexities of workers’ compensation law.
- Other protections: If your employer acted negligently or violated workplace safety laws, you may have additional claims outside of workers’ compensation.
Why You Need an Experienced Attorney
Navigating a workers’ compensation claim with a positive drug test can be challenging, but it’s far from impossible. An experienced workers’ compensation attorney can gather evidence, question the validity of the drug test, and build a case that shows your injury was unrelated to any alleged impairment.
At Kornbluth Ginsberg Law Group, we believe in standing up for injured workers, no matter the obstacles. If you’ve been hurt on the job and are facing a denied claim due to a positive drug screen, don’t give up. Contact us today to discuss your case and learn how we can help you protect your rights and secure the benefits you deserve.
