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My Employer Wants To Perform A Drug Test After My Injury – Can He Do That?


Imposing a drug test for a workers compensation claim may be within your employer’s legal right. A lawyer can advise you further on this matter.

Sometimes, when you get injured on the job and file for workers compensation to cover your medical treatment, your employer may ask you to take a drug test. Missouri workers compensation laws do not specify the employer must have you take the test, but this policy may exist depending on the company or institution you work for.

Why the Test Is Needed

Your employer may want to make sure you were not intoxicated at the time of the accident. In other words, they want to see if the cause of the injuries was your fault or a result of your work activity or the environment.

Usually, even if the employee makes a mistake and causes the accident, workers compensation would still apply. However, the claim may be denied if the worker intentionally tries to hurt themselves to receive the benefits or gets injured as a result of breaking the law. As such, if the drug test comes back positive for illegal drugs, it’s possible that your compensation claim will be denied.

What Does the Law Say?

Federal law only requires sectors where public safety is a concern to conduct workplace drug testing, such as trucking companies, pipeline companies, or those under the jurisdiction of the Department of Transportation. Government employees may also be required to take these tests.

When it comes to private companies, however, states have the right to impose their own regulation. In Missouri, private employers have the liberty to establish their rules for employee drug testing, as long as they do not impeach the employee’s right for privacy.

For instance, companies can conduct random drug tests as long as they are, in fact, random and not based on any other criteria like racial profiling. By that definition, imposing a drug test for a workers compensation claim may be within your employer’s legal right to do so. A lawyer can advise you further on this matter.

What Should You Do?

Many people wonder if they should accept or refuse to take a drug test, particularly if they are taking certain medications that can appear on the tests. If your employer asks you to comply to such a test for your workers compensation claim, you should discuss the matter with an experienced St. Louis workers compensation attorney to see how to proceed.

The details of your case matter greatly in determining if the employer has the right to ask for drug tests, and the lawyer can help argue against it if they need to. Workers compensation cases are often rather difficult to navigate on your own, and you can, unfortunately, make a mistake and hurt your chances of getting benefits for your injuries.

Call the Law Office of James M. Hoffmann at (314) 361-4300 or fill out our online case evaluation form. We work with employees from a wide range of industries to pursue the right benefits or to appeal a denial of your injury claim. Located in St. Louis, Missouri, we represent work injury victims throughout Missouri. Handling all cases on a contingency basis, you owe us no attorney fees unless we recover the compensation you deserve.

Updated: May 29, 2019
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