Can I Receive Workers' Compensation Benefits in South Carolina if I Fail My Drug Test?

A Positive Drug Test Will Not Prevent You From Receiving Workers' Comp Benefits

Drug test form after work injuryWorkers’ compensation in South Carolina does not factor in negligence - be it on the part of the employee or the employer. In other words, even if the on the job injury was a result of the employee’s negligence, the employee may still be eligible for benefits. Likewise, a positive drug test will not prevent you from receiving workers' compensation benefits unless the employer can prove that you were intoxicated and that your intoxication caused your accident.

For example, a construction worker may have smoked marijuana on Saturday then fallen off a roof on Tuesday. His drug test may come back positive. However, the employer would have the burden of proving that the marijuana the construction worker smoked on Saturday caused him to fall off the roof three days later. While your company might rightfully fire someone for a positive drug test, they cannot dismiss your workers' comp claim without proving that your injury was due to intoxication.

Call a Workers' Comp Attorney to Protect Your Rights in South Carolina

Though we in no way condone drug use, we are here to protect injured workers' rights. If your employer told you that you were ineligible for South Carolina workers’ compensation benefits because of a failed drug test, call me today at (803) 790-2800 or contact us by using the live chat box below. Everything we discuss will be 100% confidential.

Kenneth Berger
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Columbia, South Carolina car accident and personal injury attorney dedicated to securing justice for clients