Since employers and their workers’ compensation carriers need to show that the injured worker was intoxicated and that the intoxication caused the accident, there are several ways for the injured worker to receive his or her benefits.
Firstly, the injured worker can rebut the presumption of intoxication after a failed drug test by providing evidence that they were not intoxicated. Evidence that they saw a medical provider soon after the injury and the medical provider noted nothing unusual about the injured worker with respect to intoxication is a powerful piece of evidence. In addition, the injured worker can show that the co-workers or even supervisors worked with them earlier in the workday and did not report anything unusual about their behavior.
Secondly, even if intoxication is presumed and cannot be rebutted, the employer and insurance carrier must show that the intoxication caused the accident. Clearly, if the injured worker drove a work vehicle off the road, then intoxication likely contributed to the accident. If a machine that the injured worker was operating, however, broke down through no fault of the injured worker and caused the injury, then the intoxication had nothing to do with the injury. In the above-mentioned circumstances, the injured worker stands a chance of negating the bad effects of a positive drug test.