After a workplace injury, many South Carolina employees are required to take a post-accident drug test. A positive result can cause panic, but failing a drug test doesn’t automatically mean your workers’ compensation claim will be denied.
In South Carolina, an employer may deny benefits only if intoxication caused the accident. The burden of proof rests entirely on the employer. Understanding how this rule works can help you protect your right to benefits.
Why Employers Require Post-Injury Drug Tests
Most South Carolina employers have policies that require workers to undergo a post-accident or post-injury drug test. These policies are meant to protect workplace safety, reduce liability, and ensure compliance with federal and state laws.
Employers often test for alcohol, marijuana, opioids, and other controlled substances. A positive result can lead to an employer arguing that the employee’s intoxication caused the accident, which can serve as a defense against paying workers’ compensation benefits.
Under S.C. Code § 42-9-60, no compensation shall be payable if the injury or death was occasioned by the intoxication of the employee. If an employer asserts this defense, the burden of proof shall be upon such person. In other words, the employer must prove that intoxication directly caused the injury, not just that a substance was present.
Can Failing a Drug Test Disqualify You From Workers’ Compensation?
No, it does not automatically disqualify you. Under South Carolina law, a positive drug test alone is not enough to deny benefits. The employer must prove two things: that you were intoxicated by drugs or alcohol at the time of the accident, and that this intoxication was the direct cause of your injury. Simply having a substance in your system, especially if it lingers for days or weeks after use, like marijuana, does not count.
If the employer cannot clearly link the substance to the cause of the accident, your workers’ compensation claim remains valid and payable.
When a Positive Drug Test May Lead to Claim Denial — and When It Might Not
There are situations where a positive drug test could justify a denial and others where it won’t.
When Denial Is Likely
- The worker was visibly impaired or behaving unsafely before the incident.
- Witnesses or video footage clearly show the worker’s impairment contributed to the accident.
- The drug test was performed promptly, using reliable and certified testing methods.
When Denial May Be Challenged
- The drug test occurred hours after the accident, allowing results to become unreliable.
- The employer failed to follow proper testing procedures under the Department of Transportation (DOT) or Occupational Safety and Health Administration (OSHA) standards.
- The positive test reflects past drug use, but no impairment at the time of injury.
- There’s no evidence linking intoxication to the accident’s cause.
If your employer denies your claim based solely on a drug test result, you have every right to challenge it through the South Carolina Workers’ Compensation Commission (WCC).
Common Issues and Inaccuracies in Workplace Drug Testing
Drug tests are not perfect and can be challenged on several grounds:
- False positives from prescription or over-the-counter medications.
- Contaminated or mishandled samples.
- Delays that reduce reliability.
- Testing conducted by unqualified personnel.
If you use a prescription medication, disclose it to the testing facility before the test. Legitimate prescriptions can explain positive results and protect your claim.
Your Legal Rights and Options if Your Claim Is Denied
If your claim is denied based on a positive drug test, you have the right to appeal through the South Carolina Workers’ Compensation Commission.
Your attorney can:
- Examine whether the employer met the burden of proof.
- Challenge the reliability and timing of the test.
- Identify procedural errors or missing documentation.
- Present medical evidence that your injury was not caused by intoxication.
Many claims are reinstated once the facts are reviewed and testing procedures are scrutinized.
Speak to a South Carolina Workers’ Compensation Attorney Today
Failing a post-injury drug test can create fear and confusion, but it doesn’t automatically end your right to workers’ compensation benefits. South Carolina law protects employees from unfair denials and requires employers to prove that intoxication directly caused the injury.
If your claim has been denied or you’re worried about what a positive test means for your case, don’t face it alone. Call us today or reach out online to discuss with an experienced workers’ comp attorney at Stewart Law Offices for a free consultation.
