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 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, call Harman Law today at 704-766-8729 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.