An employer refused to pay for an employee’s medical treatment after a post-accident drug screen detected two substances in his system. So why did a court recently rule that the employee should get workers’ comp benefits? [Read more…]
He wanted workers comp but refused drug test: Can they fire him?
April 25, 2014 Comments (0)
An employee was told since he wanted to file for workers’ comp, he had to take a drug test. He refused, and the company fired him. Was the firing retaliation for filing for workers’ comp? [Read more…]
Court: Give him workers’ comp … while he’s in prison
April 23, 2014 2 Comments
A former electric company lineman with 16 years experience will receive workers’ comp benefits after suffering a severe electrical shock and losing both of his hands. He’s also serving time in prison for manslaughter, which figured into the procedural history of his comp case. [Read more…]
Can he get workers’ comp after taking someone else’s pain pill?
April 6, 2014 Comments (0)
This case provides a couple of lessons for employees. First, report an injury as soon as it happens. Second, don’t take someone else’s pain medication. [Read more…]
How do new state pot laws affect workplace drug policies?
January 6, 2014 7 Comments
Let’s say your company’s drug-free workplace policy bans employees from working under the influence, whether it’s alcohol or drugs. How do new state marijuana laws impact that policy? [Read more…]
Re-injured worker tests positive for pot: Comp benefits suspended?
December 2, 2013 Comments (0)
A company had a drug-free workplace policy so its heavy machinery was used safely. An employee suffered an injury, and his drug test turned up positive for marijuana. Could the company suspend his workers’ comp benefits because of the positive drug test? [Read more…]
Injured at work, positive test for pot: Does he get workers’ comp?
February 4, 2013 43 Comments
Is testing positive for pot enough to disqualify an injured employee from receiving workers’ comp benefits? [Read more…]
Did company order drug test before calling 911 for injured worker?
June 18, 2012 13 Comments
A widow is suing a Texas company, alleging it took the employer two hours to get an ambulance for her husband who had fallen several feet and hit his head. She also claims a drug test was ordered before anyone called 911. [Read more…]
Does one-strike drug test rule survive court challenge?
May 24, 2011 3 Comments
An applicant failed his pre-employment drug test and wasn’t hired. Years later, following successful drug treatment, he applied again, only to be told he wouldn’t be hired because of a one-strike rule. [Read more…]
Do medical marijuana laws impact company safety policies?
February 28, 2011 58 Comments
Sixteen states now have medical marijuana laws. A Wal-Mart employee, fired after a positive post-injury drug test for marijuana, says his dismissal violated one of those state laws. [Read more…]
