In many cases, qualifying for workers’ compensation is a straightforward process. An employee simply needs medical proof or employment records showing that their condition is a direct result of their job. Employees in Pennsylvania can obtain benefits for both illnesses and injuries caused by their job functions. Even pre-existing conditions that worsen due to work obligations may lead to benefits.
Occasionally, workers may have reason to question whether they are likely to qualify for benefits or not. For example, someone who made a mistake in a production facility might believe that their personal fault for the incident makes them ineligible for benefits. Other times, they may worry about what they do in their own time could affect their eligibility.
Workers may fear that they might be unable to pass a drug test following an incident on the job. Do employees have to worry about losing their benefit eligibility due to drug and alcohol testing conducted as part of a workers’ compensation claim?
Failed tests can lead to complicated claims
Pennsylvania does not mandate chemical testing in a job injury scenario. However, automatically testing workers is standard practice at many medical facilities and businesses. State law does allow companies to deny workers benefits in scenarios where inappropriate chemical impairment on the job is the underlying cause of their injury.
That being said, there are still ways for workers to pursue benefits even if test results might complicate the process. For example, some substances remain in an individual’s bloodstream for days or even weeks after the substance has ceased having any notable effect on their body. They may be able to establish that they were not under the influence while on the job despite the test results showing they had an intoxicant in their bloodstream.
The workers’ compensation program in Pennsylvania is largely a no-fault system. Allegations of drug use or intoxication on the job are among the few scenarios in which getting workers’ compensation benefits might be an uphill battle.
Those who worry about drug and alcohol testing after an injury or those who have already failed a test may benefit from getting legal assistance as they navigate the claims process. Professional advocacy can potentially make a major difference for those facing complex workers’ compensation claims.
