Workers Comp and Drug Abuse

2979896

Michelle M. O'Neil

Could someone from the state of Ohio tell me what happens under the following scenario?

Employee was injured on job and was injured on job. Does the positive drug test affect their workers' compensation claim?

Don D

Michelle: If your company policy is to terminate for positive drug screens, you should immediately terminate this employee. The comp carrier will indeed contest payment of the claim and will use as a reason that he was in violation of the company drug/alcohol program when injured. The state comp commission may require that he be covered or they may not, depending on the state and its policies. But, in the final analysis, you should use your normal policy without regard to the existence of the comp claim. Often I have found that a required drug screen following an industrial accident is the ONLY way we can get rid of somebody. On a related note, I also feel that a strong policy requiring drug screen in every case of this sort is one way to keep down the barrage of those claiming to have been hurt on the job. If they know the pee-test is coming, they are less likely, in some cases, to file false comp reports with their supervisor.