Getting injured at work is stressful enough without worrying about whether a drug test will cost you your workers’ compensation benefits. Many North Carolina employers require drug testing after workplace accidents, and a positive result can jeopardize your claim. However, testing positive doesn’t automatically disqualify you from receiving benefits.
The law requires employers to prove that drugs or alcohol actually caused your injury, not just that substances were present in your system.
Is Drug Testing Required After a Workplace Accident in NC?
North Carolina law doesn’t mandate drug testing for all workplace injuries. However, many employers have company policies requiring post-accident drug tests. While not universally required, if your employer has such a policy, you’ll likely be asked to submit to testing after reporting a work-related injury. These policies vary by employer, but they’re common across many industries in North Carolina.
Can Workers’ Compensation Be Denied After a Failed Drug Test in NC?
A positive drug test alone does not automatically result in the denial of workers’ compensation benefits. Under North Carolina’s Workers’ Compensation Act, specifically § 97-12 of the Act, an injured worker may be denied compensation only if the injury was proximately caused by intoxication or being under the influence of a controlled substance that was not legally prescribed.
That means two things must be true before an employer can successfully deny benefits based on drug use:
- The employee must have been impaired at the time of the injury, and
- That impairment must have been a proximate cause of the accident.
A positive drug test may create a rebuttable presumption of impairment under the statute, but it is not by itself conclusive.
What Employers Must Prove Before Denying Benefits Due to Drug Use
To successfully deny a claim based on drug or alcohol use, an employer must generally prove:
- The employee was intoxicated or under the influence at the time of the accident
- The intoxication was a significant contributing factor to the injury
- The injury would likely not have occurred without that intoxication
If the accident was caused by unsafe equipment, another worker’s mistake, or a hazardous condition, a positive test may not justify denial of benefits.
What Happens if You Refuse a Drug Test After a Work Injury in NC
Refusing to take a drug test after a workplace injury creates serious problems for your claim. While you can’t be forced to submit to testing, your refusal will likely be interpreted as an admission that you were impaired. Insurance companies and employers will argue that you refused because you knew you’d test positive. This presumption shifts the burden of proof onto you to demonstrate that your injury wasn’t related to drug or alcohol use, which is extremely difficult without test results showing otherwise.
Refusing a test can also lead to employment consequences beyond your workers’ comp claim, including disciplinary action or termination, depending on your employer’s drug testing policies.
Legal Defenses Available if You Test Positive After a Work Accident
If you test positive after an injury, there are several defenses you and your attorney may raise:
- Challenge the test accuracy or procedure: Improper sampling, handling, or lab errors can compromise results.
- Prescription defense: If the substance was legally prescribed and taken as directed, that can rebut impairment claims.
- Timing of use: A positive test might reflect prior use with no impairment at the time of injury.
- Lack of causal connection: Even with impairment, if it did not cause the accident, benefits should not be denied.
These legal defenses ensure that a positive test does not automatically translate into a loss of benefits.
Steps to Protect Your Workers’ Comp Claim When Drug Testing Is Involved
If you’re injured at work and drug testing is involved, report your injury immediately following company procedures. Comply with drug testing requests unless you have specific legal advice otherwise. Inform testing personnel about prescription medications and provide the doctor’s documentation. Document everything about your accident, including what caused it, equipment issues, safety violations, or other employees’ actions. Request copies of test results and your employer’s drug testing policy.
Most importantly, contact an experienced workers’ compensation attorney before making statements or decisions affecting your claim.
Need Help After a Work Injury or Drug Test in Charlotte? Contact Stewart Law Offices Today
If you were injured on the job and a drug test is now threatening your workers’ compensation benefits, you do not have to face the system alone. The outcome of these cases often depends on how early your rights are protected and how effectively the evidence is presented.
A Charlotte workers’ compensation attorney at Stewart Law Offices can review your situation, explain your options, and fight to protect the benefits you deserve. Contact Stewart Law Offices today to schedule a consultation and get clear guidance during a difficult time.
