Were you fired, or was your workers’ compensation claim denied for refusing a drug test after a workplace accident in Harrisburg, PA? Did you report an injury suffered on the job and are unsure if you have to comply with your employer’s request to take a drug test? To understand your rights, contact Marzzacco Niven & Associates.
We’ve been standing up for workers’ rights in Pennsylvania for decades. Our lawyers have more than 120 years of combined experience in personal injury law, and our employment law team has two Certified Workers’ Compensation Specialists.
You have rights if you were injured on the job. But if your employer thinks drugs are involved, things can get complicated. Call today for a free consultation at (717) 231-1640 with an award-winning Harrisburg workers’ compensation lawyer.
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How Can Marzzacco Niven & Associates Help If I Refused a Drug Test After a Workplace Accident?
Getting hurt on the job can leave you with lots of questions about what to do next. The workers’ compensation process is far from straightforward. On top of that, you’re probably feeling nervous if your employer has asked you to take a drug test.
Our workers’ compensation attorneys will help you navigate the next steps with confidence. We’ve helped countless workers face their employers after getting hurt at work.
When you hire our trusted legal team, we’ll:
- Advise you of all your legal options and provide sound guidance throughout your case
- Examine your employer’s drug-testing policy and understand the reason for their request
- Determine whether you have grounds for an appeal of denial of workers’ compensation or action against your employer
- Represent you in all administrative or court proceedings
Every situation is unique. If your employer violated your rights, we’ll help you fight for the compensation you deserve. Keep in mind there are times when your employer can require you to take a drug test. Call our Harrisburg, Pennsylvania law office for a free case evaluation to learn more about your rights.
Can My Employer Require Me to Take a Drug Test After a Workplace Accident?
Yes. Pennsylvania law doesn’t prohibit employers from requiring employees to take a drug test after workplace accidents. And the Department of Labor’s regulations don’t prohibit drug testing after workplace accidents.
But employment law is complicated. OSHA guidelines prohibit employers from retaliating against employees for reporting workplace accidents. A drug test is prohibited if it’s found to be a form of retaliation for reporting a workplace accident. If the employer has an objectively reasonable basis for the drug test, then it’s permissible.
Drug tests are generally permissible when they are:
- Unrelated to the reporting of a work-related injury or illness
- Requested under workers’ compensation law
- Performed pursuant to federal law
- Used to test all employees who could have contributed to a workplace accident (not just the employee who reported it) in an effort to determine the cause
- Part of an employer’s random drug testing policy
The consequences of refusing or failing a drug test are not the same in every case. Testing positive or refusing a drug test doesn’t always justify firing you. But sometimes, employers are within their rights to terminate employees for failing a drug test or refusing to take one.
Can My Workers’ Comp Claim Be Denied If I Fail a Drug Test?
Yes. Employers have an incentive to find out if drug use was the cause of the accident. The Pennsylvania Workers’ Compensation Act generally provides benefits to workers injured on the job. But your workers’ comp claim could be denied if your injury was self-inflicted or was caused by a violation of the law, including impermissible use of drugs.
What Compensation Can I Get After a Workplace Accident?
Generally, workers’ compensation benefits include medical treatment and monthly cash benefits equal to about two-thirds of your average weekly wage before your accident. For on-the-job accidents, workers’ comp is usually your sole form of compensation. But there are some workers’ compensation exemptions too.
However, in some cases, you could be entitled to file a third-party claim. You might be able to file a personal injury claim to recover additional compensation if a contractor, vendor, or private party (other than your employer or a co-worker) contributed to the cause of your accident.
When we investigate your workplace accident, we’ll look for all possible forms of compensation.
Contact Our Harrisburg Workers’ Comp Lawyers If You Refused a Drug Test After a Workplace Accident
If your employer took adverse action against you for refusing a drug test after a workplace accident or your workers’ compensation claim was denied, you should know your rights.
Marzzacco Niven & Associates will answer all your questions and stand by you every step of the way. If your employer violated your rights, we’ll help you fight for compensation and justice.
Call our personal injury lawyers in Harrisburg, PA today for a free and confidential case evaluation.