Am I still eligible for North Carolina Worker’s Compensation benefits if I failed my drug test after I got hurt at work?

If you failed the drug test after being injured on the job, you are not automatically disqualified from receiving North Carolina Workers’ Compensation benefits. Under the Industrial Commission §97-12 (for the complete Article, please click here (http://www.ic.nc.gov/ncic/pages/statute/97-12.htm), no compensation will be awarded if the incident was caused by:

  • The worker’s intoxication, unless the substance was provided by the employer or a professional associate of the employer
  • The worker being under the influence of a controlled substance that was not prescribed by a medical professional; these include alcohol, marijuana, cocaine and a number of prescription drugs. For a complete list of controlled substances of North Carolina under the North Carolina Controlled Substances Act §90-86, et seq., please click here (http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_90/Article_5.html).
  • The worker’s willful intention to hurt or kill either himself, herself or another person.

If the employee tests positive for being “intoxicated” or “under the influence” at the time of injury, it is up to the employee and their attorney to prove that this did not contribute to the circumstances surrounding the incident.  Many accidents would have occurred whether or not you had an impairing substance in your system. If you did test positive for drugs after an on-the-job injury, do not hesitate to call us especially if you are being told that you are not eligible for North Carolina Workers’ Compensation benefits. If you do decide to call, please remember to always be 100% honest with the attorney. The attorney will be there to help you, not to judge you unfairly. Remember, you have rights as an injured worker in North Carolina, and we are prepared to help you defend those rights.

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