If you have been injured in a workplace accident, you will need to first report the incident to management and will be directed to go to the emergency room or the workers compensation doctor for an evaluation of your injuries. In most cases, the policy of employers is to have a drug test completed during the initial evaluation. Employers want to ensure that drugs were not a factor in causing the accident or the resulting injury. This is also the reason most employers today use pre-employment drug testing before hiring applicants for a position.
What Happens If You Test Positive for Drugs at the Workers Compensation Doctor?
Typically, the doctor evaluating your job injury will ask questions about your drug use whether the drugs are recreational or prescribed by a physician for treating exisiting injuries and chronic pain. If you test positive for drugs and do not have the medical proof of a doctor’s prescription for the medications found in your system, you may risk losing New York workers compensation benefits for your current injury. In addition to losing benefits for being injured on the job, you may also be putting yourself at risk for losing your job.
Your employer may also test you for drugs immediately after the accident if you are not seeking evaluation from a doctor immediately. Employers will have explicit rules about their drug policies in the employee handbook or through the human resource department. It is best to understand the drug policy of your company, especially if you are taking prescription medication under the supervision of a doctor. Some medications can become a safety risk to an employee and those working around them so it is wise to be fully aware of the drug policy at work and discuss the medications you need to take for treatment with your supervisor. If an accident occurs while you are under the influence of prescription drugs prescribed by a doctor, you could also face other legal issues for being a safety hazard in the workplace.
If you have been injured on the job in New York and have questions about your rights concerning drug testing or visits to the workers compensation doctor, contact our New York workers compensation law firm for a free consultation. Call us toll free at 866-205-2415 today.