Many states receive workers compensation insurance premium discounts when they establish a drug-free workplace program.  Another advantage of having such a program is the presumptive intoxication/denial of workers compensation benefits for those who test positive.

In Arkansas we have an “intoxication” defense to workers compensation claims.  If the injured worker tests positive for drugs or alcohol the intoxication is presumed to have caused the injury.  In defense of such a claim, it is imperative that the employer arrange for a drug screen immediately upon the filing of a claim.  When an injured worker is leaving by way of ambulance this can be quite difficult to do.  Some emergency departments allow employers to create standing orders for patients that arrive after having a work injury.  Other mobile drug screening companies have relationships with area hospitals to perform such services as requested by the employer.

One new thing I have seen happen lately is to send the standard screen for quantitative studies for any positive results.  For example, if a patient tests positive for cannabis of THC, the UDS (urine drug screen) is held by the lab for a few days (depending on hospital protocol).  The insurance adjuster will typically ask the lab to rerun the sample for quantitative studies which will provide some indication as to how recent the use was and whether the individual was likely to be impaired at the time of the accident.

If you are an employee, be advised that the use of drugs or alcohol on the job or being impaired from the effects of such while on the job can be hazardous to your health.  Many of the injuries I provide services for reach in the $10′s of thousands of dollars and more.  If you use drugs or alcohol and are injured at work, you may find yourself saddled with these enormous medical bills.  Just say no to drugs and alcohol.

If you are an employer I encourage you to establish a drug-free workplace.  Talk to your insurance agent about any incentives you may be entitled to in the development of this program in association with your workers compensation claims.  Also remember to establish protocols for post accident drug screens both within your facility and outside your facility.