Drug Testing in Workers' Compensation Claims in Florida
In Florida, the law allows employers to perform drug testing as an integral part of the workers' compensation process. However, this testing process must follow a specific procedure, and the results may not always be definitive. If you file a workers' compensation claim and realize that you are not eligible due to drug testing issues, don't give up. Don't just give in to whatever your employer dictates. Instead, consult with a workers' compensation lawyer to fight back.
If an employer intends to perform a drug test, they must adhere to a set of rules. These stringent regulations dictate whether the workplace is considered drug-free or not. If they qualify as drug-free workplaces, they are likely to get discounts in accordance with the state laws. The specific rules that regulate workers' compensation drug testing are outlined in Florida Statute 440.102.
These discounts are only available if the employers inform their employees of the drug testing and operate in accordance with the set requirements to offer sufficient education for drug testing. Remember, drug testing exercise can be conducted for employment purposes or as an essential part of routine fitness exams. It can also be done if a worker is filing a workers' compensation claim.
Drug testing and your workers' comp claim
If you were injured on the job and eligible for worker's compensation benefits, your employer may require a drug test. Florida's state laws allow this practice to protect employees and their companies. If you refuse to submit to such tests or your test turns out positive, your employer has the right to deny you the workers' compensation benefits. Despite being injured on the job, a positive drug test could mean you will not receive compensation for your damages.
However, your employer must have previously established the entire work environment a drug-free zone and should follow the state's drug testing statute for conducting the necessary drug tests. If any of these two conditions are violated, you may still have a valid workers' compensation claim. So, you should consult with a workers compensation attorney who can analyze your case and defend your rights.
All forms of drug testing for workers' compensation claims should be performed confidentially. Your employer should provide their organization's drug use policy, details regarding drugs a specific test is designed to detect, and a copy of the testing results, whether negative or positive. The employer should also provide details about how you can contest the results of a specific drug test.
Prescription drugs or medication
This is often a topic of concern for most people pursuing a workers' compensation claim. Opiates found in most illegal substances like heroin are also found in the ingredient list of most prescription painkillers. Depending on the specific type of medication you may be taking, some drug tests could give a false positive. This shouldn't allow your employer to deny you workers' compensation benefits.
Many employees don't have sufficient knowledge of the workers' compensation laws in Florida. This is why it's important to have a good lawyer on your side to defend your interests in case a drug test returns a false positive.
The legalization of marijuana has been a topic of debate for quite some time. Recently, Florida joined other states in allowing medical experts to prescribe marijuana in specific situations. The law still allows employers to choose to implement a drug-free work environment. Despite the state laws' changes, your employer maintains the right to enforce and anti-drug policies. The recent prescription marijuana laws cannot sway your employer to allow you to use weed while on the job.
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