Pennsylvania Worker's Compensation - Help For Injured Pennsylvania Workers

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  1. #1
    Join Date
    Sep 2011
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    2

    Default Drug Testing After Work Injuryfor Workers Comp

    I recently injured myself at work,my work place does not have a substance abuse policy,and i never signed anything agreeing to a drug test, so my question is, is it mandatory to take a drug test for workers comp claim in pennsylvania?

  2. #2
    Join Date
    Oct 1971
    Posts
    3,188

    Default Re: Drug Testing After Work Injuryfor Workers Comp

    Yes, if it's requested.

    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  3. #3
    Join Date
    Sep 2008
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    77

    Default Re: Drug Testing After Work Injuryfor Workers Comp

    If you didn`t use any drugs its nothing to worry about. But if you did?

  4. #4
    Join Date
    Aug 2011
    Location
    Georgia
    Posts
    800

    Default Re: Drug Testing After Work Injuryfor Workers Comp

    Almost every State has a drug test requirement within the State laws that govern Workers Compensation. Your employer doesn't necessarily have to have one, but the Insurance Industry is VERY BIG on not paying claims if the injury can be at least partially attributed to drug or alcohol use.

  5. #5
    Join Date
    Jan 2010
    Location
    Pennsylvania
    Posts
    609

    Default Re: Drug Testing After Work Injuryfor Workers Comp

    They don't do it without your knowledge. When i was taken to the ER after my injury, I was tested. They came to me (along with all of the other paperwork for the hosp) and had me sign a form from the state of PA. If you haven't signed the form, I wouldn't worry too much. But take note of this, this is a good time to look inside yourself and find out why you are doing drugs. Don't give me the response "I only asked...doesn't mean I'm doing anything" If you were clean, you wouldn't have asked.

  6. #6
    Join Date
    Aug 2011
    Location
    Georgia
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    800

    Default Re: Drug Testing After Work Injuryfor Workers Comp

    Quote Quoting explorereb96 View Post
    Don't give me the response "I only asked...doesn't mean I'm doing anything" If you were clean, you wouldn't have asked.
    Excellent point !

  7. #7
    Join Date
    Sep 2011
    Posts
    2

    Default Re: Drug Testing After Work Injuryfor Workers Comp

    Well i dont drink, i prefer mary jane,thats my choice over alchohol,and everyone on my crew smokes up together,the owner has been told this before,and says he doesnt care what we do outside of work. Thanks for your insights though.

  8. #8
    Join Date
    Oct 1971
    Posts
    3,188

    Default Re: Drug Testing After Work Injuryfor Workers Comp

    If it becomes an issue, ask for help.
    Simply admit you have a problem, by law your employer must offer rehab.
    The IC may try to use it as a weapon to avoid their responsibilities but will probably fail.
    Worker Comp is no fault, besides they'd play hell proving wacky tobacky was the cause.
    Whatever you do, don't refuse!!!

    I'm keeping this answer simple, I'm too lazy to post the sources, but the info is accurate.

    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Drug Testing After Work Injuryfor Workers Comp

    Quote Quoting LeglEgl View Post
    Almost every State has a drug test requirement within the State laws that govern Workers Compensation. Your employer doesn't necessarily have to have one, but the Insurance Industry is VERY BIG on not paying claims if the injury can be at least partially attributed to drug or alcohol use.
    The rule however would have to do with a specific timeframe post injury... it would to no good to test several days or week post injury/filing a claim. And, at that point, it could be invasion of your privacy as the ER/IC has no authority to enforce any substance abuse law, because there may be trace in your system. It would be difficult to prove that long after an injury the illegal drug had any causation.

    Well i dont drink, i prefer mary jane,thats my choice over alchohol,and everyone on my crew smokes up together,the owner has been told this before,and says he doesnt care what we do outside of work.
    That has no bearing on the legality of your use. IF you were using illegal substance, regardless of how many other co workers were/or weren't...at the time of your injury, your claim could be denied.

  10. #10
    Join Date
    Aug 2011
    Location
    Georgia
    Posts
    800

    Default Re: Drug Testing After Work Injuryfor Workers Comp

    Quote Quoting BvIA View Post
    The rule however would have to do with a specific timeframe post injury... it would to no good to test several days or week post injury/filing a claim.
    No doubt. I suppose I could have clarified that, but I didn't think it was necessary, since I said "if the injury can be at least partially attributed to drug or alcohol use." That would imply use at the time of the injury, not several months down the road. Most employers who have a drug-use policy also have a WC drug test requirement to be submitted at the time of injury or as soon thereafter, as is reasonable.

    he doesnt care what we do outside of work.
    The problem is, what you do outside of work will sometimes affect what you do when you are AT work. But even if there is no immediate "impairment" from the blunt, the mere presence of the THC metabolites in your system are sufficient for the IC to deny. Most Courts would rule in their favor on the use of ANY illegal substance.

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