Michigan workers’ comp lawyer explains why the drug test is so important and could decide if a person gets wage loss benefits or not.
Getting hurt on-the-job causes many people to feel anxiety and stress. This is especially true when the employer wants a drug test immediately following a workplace accident. We get frantic telephone calls and emails asking if they have to submit. A question that gets asked from some of our potential clients is do you get drug tested for workers’ comp in Michigan? The answer is typically ‘yes,’ and it can have a significant impact on payment of benefits.
Workers’ comp is a safety net for employees who get hurt on-the-job. It pays for medical bills, vocational rehabilitation, and lost wages. It does not matter how the workplace accident occurred because it is considered a no-fault system. However, there are some instances when these claims get disputed. This usually occurs when an employee fails a drug test.
In Michigan, individuals who are drug tested and are found to be intoxicated at the time of the workplace accident will be disqualified from collecting workers’ comp benefits. However, it is not enough that an employee simply fails a drug test. This is because marijuana and other substances remain in the system for days or weeks after use. It should not be assumed that an employee was intoxicated just because he or she tested positive for some drug.
Failing a drug test can result in termination of employment. When this occurs, the employee can lose out on wage loss benefits. The idea is that light duty is available but for the employee’s own misconduct. It does not matter if marijuana is legal for medical or recreational purposes. However, this can be challenged in court if the employer does not have a strictly enforced anti-drug policy and the termination was just a pretext. Make sure to speak with an experienced workers’ comp lawyer if this occurs.
Do you get drug tested for workers’ comp in Michigan?
Our experience shows that most employers ask for a drug test after a workplace accident. There is nothing in the Michigan workers’ comp law that requires a person to submit a drug test. However, failure to cooperate might result in termination or a disputed claim.
What about emergency room visits?
We have not seen many cases where the emergency room insists on a drug test before treatment. However, the employer might show up and insist this occur. An employee cannot be forced to undergo a drug test against their will but failure to cooperate may result in termination or a disputed claim.
Do you still get workers’ comp if you fail a drug test in Michigan?
Employees who fail a drug test are not automatically excluded from getting Michigan workers’ comp benefits. It must be shown that a person was intoxicated at the time of the workplace accident to be disqualified. If not, the employer must have a strictly enforced anti-drug policy to dispute payment of lost wages.
Have questions? Contact our Michigan workers’ comp lawyers now
If you were injured on the job in Michigan and have questions about your claims, call now or fill out our contact form for a free consultation. There is absolutely no cost or obligation. Our attorneys are here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 35 years. Our attorneys can help you better understand Michigan work injury laws and what happens after someone has been hurt on the job. To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 201-9497 for a free consultation today.