Failed Post-Accident Drug Screen

I received a call today from an injured worker.   His employer refused to submit his workers’ compensation claim to their insurer because the employee tested positive for marijuana in a post-accident drug screen.  I advised the injured worker that there must be a connection between the drug use and the on-the-job accident.  The work-accident must have been caused by the intoxication for the employer to avoid liability for workers’ compensation benefits.  There is only a presumption of intoxication if the employee had .1 (point one) percent or more alcohol in his blood at the time of the accident.  And, the drug test must have been administered pursuant to a written drug testing policy adopted by the employer prior to the accident. The bottom line is a failed drug screen does not necessarily mean you can’t make a claim.   Rusty