Drug tests: The biggest myth of Illinois work injury laws
After you are hurt on the job, it is not uncommon for your employer to ask you to take a drug test, especially if you are operating machinery. This is legal unless you have a union agreement that prevents them from doing so.
That said, if you test positive for marijuana, cocaine or anything else, unless the insurance company can prove that you were under the influence of those drugs when you got hurt, there is no basis to deny your benefits.
It's not uncommon for us to have a client that took drugs on a Friday or Saturday only to get in an accident on Monday or Tuesday. Those clients fail their drug tests, but that doesn't kill their case.
In fact, unless they have a witness that says you have been acting erratic or someone that will say they saw you take drugs or alcohol before you got hurt then it's for the most part a non-issue or at least it should be.
Alcohol is different in that if you are found to have a blood alcohol count above 0.0 then it's at least a sign that you weren't all there. In that case we'd have to look at how you got hurt. If you were just talking to a co-worker when someone hit you with a forklift then you'd still have a case. But if you were driving a forklift and crashed in to a wall then you have some problems.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact Us and we will answer your questions or find the right lawyer for your situation.
