Logo  Turley Redmond Rosasco & Rosasco, L.L.P.
News & Resources

Search Our FAQ's

Illicit Drug Use and Your Worker's Compensation Claim

Thursday, May 9, 2013

This week, we’ve talked a lot about the regulation of legal pharmaceutical products. Let us take a minute though to think about illicit substances.

Worker’s Compensation is considered a no-fault system. The amount of money a claimant receives may not be increased if his or her employer is being negligent. Likewise, an employee’s carelessness may not decrease their award. However, it should be noted that it might be determined that an accident was the result an employee’s intent to cause harm or have been caused by an employee’s intoxication. In this scenario, an employee loses his rights to Worker’s Compensation.

You may be subject to a drug test if you are injured on the job. Though testing positive for any illegal drugs may not necessarily disqualify you from receiving benefits, it certainly doesn’t look good, especially if you are employed in a drug-free workplace. This should NEVER deter you from seeking medical attention after being involved in an on-the-job accident.

On a somewhat related note, any person who is incarcerated for a felony will be deemed ineligible for receiving benefits.

Top 100 Lawyers
Superlawyers
AVVO
Best Law Firms
AV