NC Workers’ Compensation and Drug Testing: What You Need to Know
When you’re injured on the job in North Carolina, understanding how drug testing affects your workers’ compensation claim is crucial. Many employers request drug tests after workplace accidents, but how does this impact your rights to benefits? This guide explains what you need to know about NC workers’ compensation and drug testing.
Understanding North Carolina Workers’ Compensation Law on Drug Testing
North Carolina workers’ compensation law specifically addresses how drug and alcohol use affects benefit eligibility. According to North Carolina General Statute § 97-12, compensation may be denied if:
- The injury was proximately caused by the employee’s intoxication (unless the intoxicant was supplied by the employer or a supervisor)
- The injury was proximately caused by being under the influence of any controlled substance listed in the North Carolina Controlled Substances Act that wasn’t prescribed by a medical practitioner
Key Facts About Drug Testing and NC Workers’ Compensation
Testing Positive Doesn’t Automatically Disqualify Your Claim
Simply testing positive for a substance is not enough to defeat your workers’ compensation benefits in North Carolina. The employer must prove:
- You were actually “intoxicated” or “under the influence” as defined by law
- This impairment was the proximate cause of your injury
Legal Definition of “Intoxication” and “Under the Influence”
North Carolina law defines these terms to mean the employee consumed enough of an intoxicating substance to:
- Lose normal control of bodily or mental faculties
- Have an appreciable impairment of these faculties at the time of injury
Tests that scientifically prove impairment (like breathalyzers) create a rebuttable presumption of impairment. Tests that merely show the presence of a drug do not create this presumption. If you’re concerned about who is covered by NC workers’ compensation and how drug testing might affect your eligibility, understanding these legal definitions is essential.
Burden of Proof on the Employer
The responsibility falls on your employer to prove:
- You were impaired by drugs or alcohol
- This impairment directly caused your workplace injury
Even with a positive drug test, your employer must present evidence showing both factors to defeat your claim.
Can You Refuse a Post-Accident Drug Test?
Refusing a drug test after a workplace injury does not automatically disqualify you from receiving workers’ compensation benefits. However:
- Your employer or their insurance company may deny your claim if you refuse
- Refusal may have employment consequences based on your employer’s drug testing policy
Impact on Your Employment
Separate from workers’ compensation considerations, drug testing can affect your employment status:
- Many employers have drug testing policies that employees agree to upon hiring
- Refusing a test may be grounds for termination based on these policies
- A positive result may also lead to termination if the policy allows for it
North Carolina Drug Testing Requirements
North Carolina has established specific procedural requirements for workplace drug testing:
- Collection must occur under reasonable and sanitary conditions
- Existing employees must be screened using an approved laboratory (not single-use devices)
- There must be a process for rescreening after positive results
- Samples must be retained for at least 90 days
- Chain of custody must be maintained
- Employees have the right to retest positive samples
Testing can use urine, blood, hair, or oral fluid samples according to North Carolina Administrative Code 13 20.0101(4). The employer must pay for all testing expenses except for employee-requested retests.
What to Do If Asked to Take a Drug Test After a Workplace Injury
If you’re injured at work and asked to take a drug test in North Carolina, it’s advisable to consult with a board-certified NC Workers’ Compensation Attorney who can:
- Explain your rights and options
- Help protect your claim
- Guide you through the legal process
Understanding your rights regarding NC workers’ compensation and drug testing can make a significant difference in the outcome of your case. An experienced attorney will help you navigate the complex North Carolina Industrial Commission process if your claim is denied or disputed.
Disclaimer: This article provides general information about NC workers compensation and drug testing. It is not legal advice. For specific guidance about your situation, consult with a qualified attorney.
