Worker’s Compensation in Texas: Does drug test failure legally
result in denial of claim?
Just because you test positive for a drug doesn’t necessarily mean that you are “under the influence” of said drug. Therefore, does the court recognize this in any court case? You could have a number of drugs in your system without being under the influence of drugs. So, to extend the question… if you deny workman’s compensation in Texas, do you give up your right to sue?
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on Sunday, November 8th, 2009 at 4:32 am and is filed under Worker Q & A.
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I can’t comment on Texas in particular, but in most jurisdictions, the institution of worker’s compensation regime usually means that the workers are prevented from suing. In addition, the presence of drugs in the system IS taken by the courts as evidence the person was under the influence.
If it is an illegal drug, then it doesn’t matter if you are high or not–it is a crime to take it. With workers comp you can not sue you can appeal but with a positive drug test you will not win the appeal
I don’t know Texas law specifically, but here goes.
It depends on the situation. If you were injured due to being under the influence (causation/ proximate cause of the injury), this could be construed as reckless conduct on your part and the claim will be properly denied.
If you were just sitting at your desk after having smoked a joint and a piece of the ceiling fell onto you out of no where, then workers’ comp claim could be valid.
Remember, your rights to workers’ comp is generally dictated by the legally relevant insurance contract between the employer and insurance carrier and relevant workers comp statutes. Whether you can obtain compensation depends on whether you committed any acts that would rise above negligence (insurance typically is meant to cover negligent acts, but obviously not reckless/ intentional acts).