There are some circumstances during the workers’ compensation claim handling process when you may want to perform drug testing on the injured employee. It’s not something we do for every WC claim but has certainly been beneficial when warranted. Drug testing will help the adjuster in determining compensability.
Here’s an Example
John was at work one day and injured his shoulder while lifting some boxes. Due to John’s history at the company, his employer suspected he was under the influence. John was brought to the drug testing facility that same day. They received the positive results seven days later, and we were able to deny his claim.
In a similar case, an employee was tested at his doctor’s appointment months after an accident, and his results were positive. This allowed us to settle the claim instead of continuing treatment.
Did you know that some states allow you to deny a claim if the employee fails a drug test? There are also some states and companies that do not allow the test results to determine compensability or play a part in adjudicating the claim. Timing is important, though. It needs to be done at the time of the accident, and the results are not immediate; it can take days to receive the findings. In most cases, the employer is usually the one responsible to take the employee to the doctor for the drug test.
Is it Worth it to Test for Drugs?
If the state and/or employer allows for denial of the claim if the test result is positive, then yes, it’s worth it. It can also assist in settling claims. There are pros and cons to drug testing. Here are a few that will help you decide when and if drug testing should be done:
Pros
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Some states allow you to deny the claim if you can prove the employee was under the influence of drugs or alcohol when the incident occurred
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The results can assist the employer in terminating an employee who is abusing drugs or alcohol
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If the claim is denied, it decreases the ultimate claim exposure and saves the employer money
Cons
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Drug test results can be deemed inconclusive for various reasons (sample is damaged or diluted, invalid results, etc.)
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Drug tests can be costly depending upon volume (average cost is around $38 per test)
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Employer must take the employee to the drug testing facility
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Timing on receiving test results are important – sometimes results are sent to the wrong place, or returned to the employer too late
The pros and cons of drug testing should be considered for each claim. This should not be an across-the-board policy.
Conclusion
Many employers have the legal right to test their employees for drug use. If a company has an “at will” policy, they can test at any time without notice. This doesn’t mean drug testing is done all the time, but it does give the employer some assistance if an accident occurs and the employee is injured. When an employee tests positive, it gives the employer the right to deny the claim, and if warranted, terminate the employee.
The challenge with the drug test, though is the timing of the test – it should be done right away, and it takes several days to receive the results.
Drug testing can save an employer money if the test turns out positive, but it needs to be weighed against the cost of testing, as well as the additional time and effort required from the employer to get it done.
