Workers' Compensation Claims in SC Are Not Barred By a Positive Drug Test Alone

I strongly discourage any form of drug use in the workplace. Likewise, if your on the job injury was the result of impairment or intoxication, you are barred from seeking workers' compensation in South Carolina. However, a positive drug test - in and of itself - does not prevent you filing a claim. In fact, your employer must prove that your accident was caused by drugs or alcohol to deny you workers' compensation benefits.

So 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. If you were hurt on the job in South Carolina, and have questions about your rights, call me today at (803) 790-2800. 

Kenneth Berger
Columbia South Carolina attorney dedicated to securing justice by helping the truly injured