Understanding Drug Test Results and Workers’ Compensation

You can be denied workers’ compensation benefits under Huntersville’s workers’ compensation law if it is determined that at the time of the accident, you were under the influence of an illegal drug such as cocaine, meth, or marijuana leading to a failed drug test. Also being under the influence of drugs contributed to the injury.

While a good number of clients often worry that they won’t be eligible to receive workers’ compensation benefits should they fail a drug test after an accident, you won’t be automatically rendered ineligible for benefits if your drug test comes back positive.

How Long Can Drugs Be Detected in the Body?

The presence of an illegal drug in the urine is not an indication of a person current or very recent level of intoxication. All drugs, including legal ones, linger in the body long after the effects actually wear off.

For instance, marijuana can stay present in the urine for up to 30 days. Meth, on the other hand, can show positive on a drug test for up to 6 days. It is important to consider this when a worker tests positive for drug use when filing for workers’ compensation in North Carolina.

A 5-panel drug test, which is also the most common, is used to test for THC (marijuana), PCP (Phencyclidine), opiates (heroine, morphine), amphetamine/methamphetamine, and cocaine. All these drugs remain in the body for not less than 24 hours with the majority actually remaining present for periods of up to 1 week. Marijuana, as mentioned above, can remain present for up to 30 days.

Upon expansion of the drug test to a 10-panel, methadone, propoxyphene, benzodiazepines, barbiturates, and methaqualone, all of which are legal if you have a prescription but are capable of affecting behavior and response time are added to the screen. The medications, used either legally or legally, will also remain in the system long after the effects wear off. Benzodiazepine alone can remain present in urine for up to 6 weeks.

Why Should You Hire Workers’ Compensation Lawyers in North Carolina at Harman Law?

We at Harman Law understand that you might be sometimes prescribed medication that alters your mental and physical abilities. We also understand that you might take recreational drugs during your off hours.

We don’t believe that using these substances should mean losing all hope of receiving your workers’ compensation benefits if you ever suffer injuries while on the job. In fact, one usually has completely nothing to do with the other one.

The simple fact that a drug screen identified marijuana or any other drug being present in your system doesn’t automatically mean that you were high when the accident occurred and thus, doesn’t make you ineligible for workers’ compensation benefits. What it does instead is to complicate matters for you.

Your employer’s workers’ compensation insurance provider can refuse to pay out after learning of your positive drug test. The insurance company may also refuse to pay out in case you refuse to take the test. You may have little to no recourse if this happens but you don’t have legal representation.

Harman Law has a team of experienced North Carolina workers’ compensation lawyers who understand the complexities of workers’ compensation laws in North Carolina. We are here to ensure that your rights are protected and help you secure fair compensation for injuries sustained while on the job.

If you live in Huntersville, North Carolina, Contact Harman Law today or call us at (704) 286-0947 if you need an experienced workers’ compensation lawyer to schedule your free confidential consultation where we can review the details of your case and advise you on the most suitable course of action.

FAQs

Will I automatically lose my workers’ compensation benefits if I fail a drug test in North Carolina?
A positive drug test does not automatically disqualify you from receiving workers’ compensation benefits in North Carolina. To deny your claim, it must be proven both that you were under the influence of an illegal substance at the time of the accident and that the intoxication directly contributed to your injury.
Can a positive drug test result reflect drug use from days or weeks before my workplace accident?
Yes, many substances remain detectable in the body long after their effects have worn off. For example, marijuana can show up in a urine test for up to 30 days, while other drugs like methamphetamine may remain detectable for up to 6 days, meaning a positive result does not necessarily indicate you were impaired at the time of your accident.
What happens if I refuse to take a drug test after a workplace accident in North Carolina?
Refusing to take a drug test after a workplace accident can give your employer’s workers’ compensation insurance provider grounds to deny your claim. Without legal representation, you may have little recourse if the insurance company uses your refusal against you.
Can I still receive workers’ compensation benefits in North Carolina if I tested positive for a legally prescribed medication?
Testing positive for a legally prescribed medication does not automatically disqualify you from workers’ compensation benefits in North Carolina, but it can complicate your claim. An experienced workers’ compensation attorney can help demonstrate that while the medication was present in your system, it did not necessarily cause or contribute to your workplace accident.
Why should I hire a workers’ compensation lawyer if my claim is being denied due to a failed drug test?
Insurance companies may aggressively use a positive drug test to deny your claim, even when the test result does not prove you were impaired at the time of your injury. An experienced North Carolina workers’ compensation attorney can challenge the insurer’s position by highlighting the distinction between the presence of a substance in your system and actual impairment during the accident.