Effects of Failed Drug Tests on Workers’ Compensation in Arizona

When you are facing the fallout of a workplace injury, there may be a lot of different scenarios on your mind, especially if you are worried about a failed drug test getting in the way of your workers’ compensation benefits. In the past, this was a fear for some injured employees. Recent court rulings have all but cemented the response going forward, but a failed drug test can still harm you if you don’t know the effects of failed drug tests on workers’ compensation in Arizona.

The Effects of Failed Drug Tests on Workers’ Compensation in Arizona

Essentially, thanks to an Arizona Supreme Court ruling in 2005, it has been deemed unconstitutional in the state to deny an injured worker’s right to workers’ compensation simply because they failed a drug test.

The law regarding workers’ comp and the workers who needed it is fairly simple in Arizona. In order to ensure the consistent well-being of the state’s workforce, Arizona state law declares that every employee who suffers an injury at work should be compensated for their injury. There are almost always exceptions to the rule, but overall, most employees can benefit from that law.

In cases where an employee’s pre-existing medical condition, such as a heart attack not sustained at work, has led to a decrease in exertion and leads to an injury, a workers’ comp claim can be challenged or even outright denied. That’s where an experienced workers’ comp lawyer comes into play. They can help you with your appeal and do what they can to ensure that nobody is trying to take advantage of you or prevent you from receiving workers’ comp.

Can an Employer Drug Test You After a Workplace Accident?

Yes, an employer can drug test you after a workplace accident. Every Arizona company has the right to maintain a drug-free workplace as they wish. They can also test their employees whenever they have reasonable suspicion. The employee has the right to refuse the drug test, but they may suffer consequences for that decision in the form of job termination. As long as employees are given a copy of the company’s drug testing policy, their employer can test them randomly.

Arizona is a “no-fault” state when it comes to workers’ comp, which means that every worker who seeks workers’ comp benefits for an injury they sustained on the job will likely receive those benefits regardless of how the workplace injury was caused or who caused it.

In the event of a drug test following a workers’ comp claim, even if the drug test is positive, it should have no bearing on the workers’ comp claim as per Arizona state law. However, that law does not prevent the employer from disciplining or firing the employee for violating company policy. Arizona is an “at will” state when it comes to employment, meaning that your employer can let you go whenever they want, without cause.

Simply put, a failed drug test should have little to no effect on an injured worker’s claim for workers’ compensation benefits. As long as you can prove that your injury occurred on company grounds and your job contributed to it in some way, everything else is inconsequential, including a failed drug test. The same may not be said for your future at that company, regrettably.

FAQs

What Happens When an Employee Tests Positive for Drugs in Arizona?

It is entirely up to the Arizona employer to promote a drug-free workplace and implement random drug testing for their employees. If that does happen, and an employee tests positive for drugs, the employer will decide how that employee is disciplined, reprimanded, or terminated.

Arizona employers are allowed to test their employees for drugs, but they aren’t required to by law. If your employer fires you for a failed drug test, they must produce evidence that you were under the influence at work.

Is Drug Testing of Employees a Violation of the FLSA?

No, drug testing of employees in Arizona is not a violation of the Fair Labor Standards Act (FLSA). There is no federal law that prohibits the drug testing of employees. In Arizona, employers are not legally required to test their employees for any drugs in their system, but they are allowed to do so if they wish. Any Arizona employee is free to refuse to take the test, but they may face harsh consequences if they do so.

Do You Get Fired if You Fail a Drug Test in Arizona?

Whether or not you are fired if you fail a drug test in Arizona depends entirely on what the employer wants to do. When it comes to a workers’ comp case, a failed drug test cannot prevent you from receiving benefits. However, that same failed drug test can be seen by your employer as grounds to fire you. It is up to the employer how they want to handle that revelation. Some employers may just fire you. Others may be more lenient.

Is Refusing a Drug Test the Same as Failing?

While technically refusing a drug test is not the same as failing one, it is often seen as the equivalent by many employers. They tend to assume that the reason you are refusing to participate in a drug test is because you know you will fail it. Refusal to do a drug test could result in your immediate termination or some other harsh penalty, depending on the employer. You could pursue legal action by speaking with an employment lawyer.

Reach Out to a Workers’ Comp Lawyer Today

While a failed drug test should legally have no bearing on your workers’ comp claim, that won’t always be the case. If your workers’ comp claim is denied because of a failed drug test, you should immediately reach out to a workers’ comp lawyer and start building a case to claim your benefits.

The legal team at Arizona Injury Law Group can help you develop your case by fighting the failed drug test claim and representing your interests throughout this entire process. Contact us to speak with a valued team member and schedule a consultation today.