Can My Employer Drug Test Me If I Get Hurt at Work?

Yes. Mississippi Workers' Compensation laws allow employers to contemporaneously drug test an injured worker. The laws also allow an employer to terminate an employee for failing a drug screen.

This DOES not mean you are not entitled to benefits or that you should not file a workers' compensation claim after failing a drug screen. A positive drug screen raises a presumption in favor of the employer, and that presumption can be rebutted. Your attorney may be able to establish that the proximate cause of the injury was not "alcohol, illegal substance(s), or the use of valid prescription medication(s) taken contrary to the prescriber's instructions and/or contrary to label warnings." A positive drug screen means you will have to fight for your benefits, but it does not mean you should not file your claim at all, or that you are not entitled to benefits.

People get hurt at work under all types of different circumstances, including those injuries caused by something or someone unrelated to any substance present in a drug screen. Many injured workers receive benefits regardless of a positive drug screen.

If you have been injured and need answers and advice regarding a worker’s compensation claim, contact the office of Calderón & Williams, PLLC to schedule your initial consultation. Our experienced attorneys will advocate for you and ensure that you get the maximum compensation and benefits that you are entitled to.