The North Carolina Workers’ Compensation Act allows for medical and disability compensation if workers were injured from workplace accidents. It is common for employers to send their injured workers to designated medical facilities soon after the worker reports the workplace accident. In most cases, the employer will request that the medical facility administers a drug test to determine whether illegal drugs or alcohol contributed to the workplace accident.
The North Carolina statute that addresses failed drug tests in North Carolina is General Statute §97-12.
Cardinal Law Partners has represented injured workers where drug test results have affected their rights to workers’ compensation benefits. If you have a claim where the result of a drug test might have affect your claim, call experienced attorneys from Cardinal Law Partners right away.
This is a common question we receive at Cardinal Law Partners, with offices in Raleigh, Greensboro, and Belmont, NC. Generally, employers can require a drug test, but it often depends on the specific circumstances and state law. North Carolina is an at-will employment state, which typically allows employers to conduct drug testing. However, it’s essential that the employer’s drug testing policy is clearly communicated, non-discriminatory, and consistent with all applicable laws. At Cardinal Law Partners, our expert drug lawyer, Justin Wraight, can help you understand your rights and guide you through the complexities of these situations. As a seasoned drug crimes lawyer, Mr. Wraight ensures that employees are treated fairly and within the confines of the law. Reach out to us if you have any concerns or require legal assistance. Remember, the law is here to protect your rights.
The North Carolina Workers’ Compensation Act does not prevent injured workers from receiving benefits if they fail a drug test. The Workers’ Compensation Act, however, gives employers in North Carolina a presumption that the injured worker was intoxicated at the time of their injury if they do fail a drug test. Employers and their insurance companies often use this presumption to deny workers’ compensation claims.
In truth, more is needed for an employer or their insurance company to use a failed drug test to deny a workers’ compensation claim. The workers’ compensation carrier must show that the injured worker was intoxicated at the time of the injury and that the intoxication caused the workplace injury. Intoxication is typically defined as the injured worker consuming enough drugs or alcohol that they lose control of their normal mental or bodily functions.
Since employers and their workers’ compensation carriers need to show that the injured worker was intoxicated and that the intoxication caused the accident, there are several ways for the injured worker to receive his or her benefits.
Lawyers at Cardinal Law Partners have over 50 years of combined experience representing injured workers in all aspects of their workers’ compensation claims. Call us today at (833) 444-4127 to schedule a free consultation with us.