Work Injury and Drug Testing

June 21, 2025

The reasons why an insurance company may deny a Workers’ Compensation claim may include the fact that they believe you engaged in some type of misconduct. Even though Workers’ Compensation is generally a no-fault system, intentionally wrongful conduct, such as an accident caused by drug abuse, could be a reason why you would not receive benefits. To that end, the insurance company may decide that it wants to administer a drug test after a work accident. Maryland law allows insurance companies to do this, which could complicate your claim if the test is positive for any sort of drug.

You Need to Take the Drug Test That Your Employer Demands

Your employer may demand that you undergo a drug test in the wake of an accident. Refusing the test alone can be a basis for them to deny your Workers’ Compensation claim. You are likely better off taking the test and then dealing with the potential aftermath of the results. It is by no means a given that you would not be able to receive Workers’ Compensation benefits if they were drugs in your system.

There Must Be an Existing Drug Policy in Your Workplace

Your employer must have a pre-existing drug policy in place to be allowed to test you after an accident. There has been some confusion over the years as to whether drug testing is allowed after an accident. In 2018, OSHA established that it is permissible to conduct a drug test under an existing policy. Further, the drug test is not allowed to serve as retaliation against you for reporting a workplace accident. The employer must have a reasonable belief that the accident was caused by drug use to be allowed to conduct a test.

Employers are allowed to test for any type of drug. Even though cannabis for recreational use is legal in Maryland, employers have the right to establish a drug-free policy in their workplace. Your employer can prohibit you from using cannabis, and they can even randomly test you.

A Positive Drug Test Could Endanger Benefits

Failing a drug test after an accident could place your Workers’ Compensation benefits in jeopardy. Your employer is likely to claim that your drug use contributed to the accident. However, failing a drug test is not an automatic bar to receiving Workers’ Compensation benefits. You would likely have to fight back, especially when your claim is denied. You would need to present your evidence that shows that drugs did not play a role in your accident. However, the employer may also have an obligation to show that drug use caused the accident if they expect the claim denial to be upheld on appeal. Much depends on the facts and circumstances of your accident. Further, the success of your case could also be determined by the amount and type of drugs that were found in your system.

Drug use and testing are some of the many reasons why you should consider hiring a Workers’ Compensation attorney right after your accident. If you wait too long to get legal help, there is a chance that your employer could find ways to subvert your Workers’ Compensation claim. When you hire a Workers’ Compensation attorney, they can not only assist with your claim, but they can also put you in a position to file an appeal if your claim is denied.

Contact the Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton

The Baltimore Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton can help when you have been injured on the job. The first step to getting the legal help that you need is filling out a contact form or calling us today at 800-547-4LAW (4529).

We have offices in Baltimore and Owings Mills, allowing us to represent clients in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.