Workers' Compensation and Drug Testing: What You Need to Know

You got hurt on the job, and you did what you were supposed to do — reported the injury, sought medical treatment, and filed a claim for workers' compensation benefits. Then your employer hits you with a surprise: a drug test. And now you’re wondering: can a positive drug test keep you from getting benefits?

If you're feeling blindsided, you're not alone. Many injured workers don’t realize that drug testing is often part of the process after a work-related injury. But whether or not a failed drug test can actually lead to a denial of workers' comp benefits depends on the law. Let’s break it down.

Why Do You Have to Pass a Drug Test for Workers' Comp?

Most companies these days promote a drug-free workplace. That means when a work accident happens, employers may require the injured employee to undergo drug testing.

Why? Because drug or alcohol use at work raises workplace safety concerns. From an employer’s standpoint, they want to know whether the employee’s intoxication contributed to the accident. If they can show it did, their workers' compensation insurance might not have to pay.

So yes, many employers have policies that allow for drug testing after a workplace accident, especially when there’s reasonable suspicion of intoxication.

Is Drug Testing Legal in Washington Workers' Comp Cases?

Yes, under Washington State law, employers are allowed to conduct drug and alcohol testing after a work-related injury. However, there are important limitations.

Washington law does not automatically deny benefits for a positive drug test. To deny your claim, the insurance company must prove that:

• You were under the influence of drugs or alcohol at the time of the injury, and
• That your intoxication was the proximate cause of the accident

In other words, it's not enough to just have drugs in your system — they have to be the main reason the accident occurred.

What Types of Drugs Are Screened For in Post-Accident Drug Tests?

You’re usually checked for the following substances:

• Marijuana
• Cocaine
• Amphetamines
• Opiates
• Phencyclidine (PCP)
• Alcohol

How Long Does an Employer Have to Drug Test You After an Injury?

After the accident, your employer has up to 32 hours to conduct a drug test. However, a drug test is only allowed if your boss has a specific reason to believe drugs or alcohol were a factor in the accident. They can also test if they can't quickly rule out that substances were involved in the incident.

What Happens If You Fail a Workers' Comp Drug Test?

Let’s say you take a urine test or blood test and it comes back positive for marijuana, prescription meds, or alcohol. What now?

It depends on several factors:

• Was the substance legally prescribed? Some medications can trigger a positive result, and federal law prohibits employers from discriminating against employees with certain disabilities or medical conditions that involve prescribed medication. If your health issues are legitimate, that must be taken into account.
• Were you impaired at the time of the accident? A positive test doesn’t always mean you were "high" or "under the influence" at the moment of injury.
• Did the drug or alcohol use actually cause the accident? The burden is on the employer or insurance company to prove it. The employer must show that intoxication was the primary cause of the injury, not just present in your system.

Washington law has strict requirements for denying workers' comp benefits based on drug test results. If they can’t show that your drug or alcohol use directly caused the work injury, you may still receive workers' compensation benefits.

Can You Get Fired for Failing a Drug Test for Workers' Comp?

Yes — even if you still qualify for workers' compensation, your employer can fire you for violating a drug-free workplace policy. But losing your job doesn’t mean losing your benefits.

In Washington, being terminated for drug use or a failed drug test doesn’t cancel your right to workers' comp, as long as your drug use wasn’t the cause of the accident.

Getting Legal Help After a Positive Drug Test

If you’re facing a denied claim or disciplinary action after a positive drug test, you don’t have to face it alone. The circumstances surrounding your accident matter, and the intoxication defense is often hard to prove.

Our skilled workers' comp attorneys can:

• Challenge whether your drug test results are valid or relevant
• Investigate whether proper procedures were followed
• Gather medical and legal evidence to fight for your rights
• Represent you at any hearings or appeals

At Lehmbecker Law, we’ve been representing injured workers for decades, and we know how to push back when employers or insurers try to deny benefits unfairly.

Protect Your Rights with Lehmbecker Law

Failing a workers' comp drug test doesn’t automatically disqualify you from benefits, but it does make your case more complicated. If your employer or insurance company is using a positive test to avoid responsibility, you need a legal team that knows how to fight back.

At Lehmbecker Law, we focus on workers' compensation law in Washington. We’ll review the details of your case, challenge unfair denials, and fight to get you the medical expenses, wage replacement, and support you deserve.

Contact us now for a free consultation, and let’s make sure that one test doesn’t cost you everything.