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Archive for the ‘denied benefits’ tag

Can Failing a Drug Test Jeopardize Your Ability to Collect Workers’ Compensation?

August 27th, 2015 at 4:10 pm

drug test, workers compensation benefits, Illinois Workers' Comp AttorneyAs states across the nation gradually decriminalize marijuana, many U.S. citizens are wondering if drug tests are still as consequential as they once were. Drug tests are common in many career fields, and despite the recent reforms, testing positive for marijuana could still have serious repercussions.

In Illinois, medical marijuana use is legal for properly-registered citizens. But what happens if they test positive for THC? Will they still be eligible for workers’ compensation benefits?

Do I Have to Take a Drug Test after a Work Injury?

In Illinois, all injured employees have to take a drug test in order to collect workers’ compensation. However, if you fail, there is still a possibility that you could receive benefits if the drug or alcohol was not the cause of your injury.

Your attorney can argue that the drugs or alcohol did not contribute to the accident. For example, if your injury was the result of a mechanical failure, or if your employer was not following standard safety protocols as outlined by the Occupational Safety and Health Administration (OSHA), then you may still be eligible for workers’ compensation.

IWCC Rules on Employee Drug Testing

The Illinois Workers’ Compensation Commission (IWCC) establishes the regulations for drug testing and how the results affect workers’ compensation. According to the IWCC, there are several requirements for a drug test to be considered valid. In addition to the mandatory paperwork, only a qualified medical professional can perform a urine or blood test.

If your drug test was not carried out according to IWCC regulations, then your attorney may call into question its validity. As a result, even if you fail the drug test and there was no obvious negligence on the part of the employer, it still may be possible to collect workers’ compensation.

The laws that govern these benefits are complex, and if you have been denied workers’ compensation, then you should discuss your options with an attorney. To schedule a consultation with a Chicago workers’ compensation lawyer, call the Law Offices of Francis J. Discipio at 630-574-2288 for a free initial consultation.

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