Terminating a Worker Comp Employee

Mooney

[font size="1" color="#FF0000"]LAST EDITED ON 12-07-01 AT 11:27AM (CST)[/font][p]When an employee is injured on the job, they are given a drug screen (part of our protocol) If they test positive for a drug they are automatically terminated.(per company policy) Do we still have to continue Workers Comp. benefits? If so, does anyone have a link where I can get a copy of the W.C. law which states we do. Thank You in advance for your help.

bsa

Yes, the injured person is eligible for WC benefits provided the injury is work related. Termination doesn't change the status of WC benefits. Texas Workers' Compensation Commission has a good website at "txcc.state.tx.us"

Margaret Morford

If you can prove that the employee's injury was caused by their own willful misconduct, (you need proof that they were under the influence while working - not just tested positive) you can in many states deny the claim. Check with your WC carrier about what circumstances would fall under this.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]