Can you lose workers’ comp benefits if you test positive for prescription drugs after an accident?

In some cases, the answer is yes – you can lose workers’ comp benefits (and maybe even your job) if you are found to have prescription drugs in your system after an accident. In fact, the number of employees testing positive for opiate painkillers has increased over 40 percent in the last five years, and workers tested after an accident are now four times more likely to have a positive opiate drug test. What is going on?

These days, jobs are hard to come by and sometimes hard to keep. Given the economy, many New York workers are reluctant to do anything that will ‘rock the boat’ and potentially cost them their job. This can include taking time off to recover from an injury or to recuperate fully after an accident.

When workers have to do their jobs while suffering pain from an injury (either from a workplace accident or something else), they may take painkillers. If the pain is bad enough, their doctor may prescribe them a painkiller. Opioid painkillers like hydrocodone have become more popular over the years, however some employers have written drug policies against the use of these types of drugs.

Employers have to be very careful with how they manage employees who need the pain relief offered by opiates. As a worker, you should know that:

1. Your company may have a written policy about prescription drug use in the workplace – do you know if they do? Was it shared with you?
2. For injured workers taking painkillers, the Americans with Disabilities Act (ADA) protects your rights in the workplace
3. Because of the ADA, your employer cannot ask you what medications you are taking, unless you are compromising workplace safety.
4. Your employer can ask you about what medications you are taking if you tell them that you are unable to perform your job for medical reasons.
5. If you are in a public job (police, firefighter, etc), this ADA protection does not apply the same. You must report your use of a prescription drug if the drug could lead to a public safety threat because you are medically impaired.

We expect to see more NY workers’ comp cases involving claim denials over prescription drug use as employers look for ways to save money on workers’ comp benefits. If you think that you are being treated unfairly after a New York workplace accident, please contact us today – we can help.

http://justjobs.com/employmentnews/employers-must-make-difficult-safety-decisions-about-prescription-drugs-on-the-job/

Markhoff & Mittman, P.C.

14 Mamaroneck Avenue

Suite 400

White Plains, NY 10601

Toll Free: (866) 205-2415

Phone: (914) 946-1452

Fax: (914) 946-0810

New York Attorney |  Westchester Attorney  | White Plains Attorney |  Bronx Lawyer  |
Workers' Comp Attorney New York  | Workers' Comp Attorney White Plains   |
Westchester Workers' Comp Attorney   | White Plains Social Security Disability Attorney
Legal Disclaimer