Tuesday, October 25, 2016

Should You Consent to a Drug Test Following a Work Injury?

Is an employee required to take a drug test after being injured on the job in North Carolina and will it affect the Employee’s Workers’ Compensation Benefits?

Many companies have a policy in place that require an employee to submit to a drug test following an accident or injury or at other times.  If a company has a consistent and clear policy in effect regarding drug testing that it has been using prior to the injury and the employee refuses to take a drug test, then the employee may be terminated.  However, refusing to take a drug test is not grounds to deny workers’ compensation benefits and the employee should still be entitled to workers’ compensation benefits, if otherwise eligible.   However, under North Carolina law, no compensation is paid to an employee for injury or death if under certain circumstances he or she was intoxicated or under the influence of a controlled substance.  Therefore, if an employer can prove the employee was actually impaired benefits may be affected, but a simple drug test is not controlling.

See The North Carolina Statute Section 97-12 below:

§97-12. Use of intoxicant or controlled substance; willful neglect; willful disobedience of statutory duty, safety regulation or rule.

No compensation shall be payable if the injury or death to the employee was proximately caused by:

His intoxication, provided the intoxicant was not supplied by the employer or his agent in a supervisory capacity to the employee; or
His being under the influence of any controlled substance listed in the North Carolina Controlled Substances Act, G.S. §90-86, et seq., where such controlled substance was not by prescription by a practitioner; or
His willful intention to injure or kill himself or another.
When the injury or death is caused by the willful failure of the employer to comply with any statutory requirement or any lawful order of the Commission, compensation shall be increased ten percent (10%). When the injury or death is caused by the willful failure of the employee to use a safety appliance or perform a statutory duty or by the willful breach of any rule or regulation adopted by the employer and approved by the Commission and brought to the knowledge of the employee prior to the injury compensation shall be reduced ten percent (10%).

“Intoxication” and "under the influence" shall mean that the employee shall have consumed a sufficient quantity of intoxicating beverage or controlled substance to cause the employee to lose the normal control of his or her bodily or mental faculties, or both, to such an extent that there was an appreciable impairment of either or both of these faculties at the time of the injury.

A result consistent with “intoxication” or being “under the influence” from a blood or other medical test conducted in a manner generally acceptable to the scientific community and consistent with applicable State and federal law, if any, create a rebuttable presumption of impairment from the use of alcohol or a controlled substance.

The burden of proof shall be upon him who claims an exemption or forfeiture under this section. (1929, c. 120, s. 13; 1975, c. 740; 2005.)

If you're injured on the job and asked to take a drug test, you should consult an attorney for advice before doing so. Call our office at 919.277.0161 for a free consultation.


  1. I totally support this, if a person is intoxicated & it is responsible for the accident or injury, why would company be responsible for compensation?
    Take Blood test for drug use

  2. The most outstanding component about this blog is the means by which it doesn't neglect to keep its gathering of people connected with at each point.
    Joseph Hayon

  3. an aggregate end of substance manhandle and an exhibited among the high schooler's group of open and enhancing capacity to discuss the issue and discover arrangements detoxofsouthflorida.com

  4. She would make appointments with a number of doctors to get what she needed. She switched pharmacies often so that she could drop off each prescription at a different one. erection

  5. You have to relinquish accusing out and out and give your thoughtfulness regarding how you can enable your youngster to manage the trouble they are likely feeling.

  6. Why is everyone talking about Soni Law these days? Are they really that competent? Let me consult them myself to remove my confusion. Soni Law

  7. I met with an accident at workplace, so my friends advised me to file a claim for industrial injury compensation, and I did it successfully by contacting the best solicitors through Levidirect.com

  8. David Genis as their experience in cases similar to yours, does this lawyer belong to any law associations,

  9. Thank you so much for the post you do. I like your post and all you share with us is up to date and quite informative, i would like to bookmark the page so i can come here again to read you, as you have done a wonderful job. Detroit MI

  10. which is a rundown of their individuals by strength who will counsel with you for nothing or at an uncommon rate set by the bar relationship for the primary meeting. https://maplelawpartners.ca/best-family-lawyer-toronto/

  11. Cases where an individual purposely and deliberately causes hurt onto someone else. These kinds of cases incorporate homicide, threatening behavior; injury attorneys pittsburgh

  12. Man-made-laws don't stop with creatures yet they before long spread their wings to incorporate individuals, as well. This is the place clashes among man and man begins that offers ascend to disdain and wars.law offices of thomas nowland


  13. Each business ought to have a group of accessible as needs be lawyers. This is more affordable or entangled than it sounds. injury attorney pittsburgh

  14. Positive site, where did u come up with the information on this posting?I have read a few of the articles on your website now, and I really like your style. Thanks a million and please keep up the effective work. Let become a spellcaster in game sims 4 cheats