Among the relatively few circumstances in which an employee may not qualify for workers’ compensation benefits after being injured in the workplace is if their injury occurred solely because they were under the influence of alcohol and/or drugs.
A new Ohio law that took effect in July makes it easier for employers and workers’ comp insurers to dispute and ultimately deny claims for this reason. Let’s take a brief look at it.
What does the law say?
Under the new law, workers’ comp can be denied if an injured worker is found through a “qualifying chemical test” to have an alcohol level above the legal limit that’s used for driving within eight hours after their injury. Further, if they’re found through testing to have a “controlled substance not prescribed by the employee’s physician” or other named medical professional or marijuana above the amount designated by law within 32 hours of their injury, their claim can also be denied.
Employers are required to provide notices to employees “that the results of, or the employee’s refusal to submit to, any chemical test described under this division may affect the employee’s eligibility for compensation and benefits….” Further, the law states that there’s a “rebuttable presumption” if an employee tests positive that the substance was the “proximate cause of an injury.” That means the employee has the burden of proof that the injury didn’t result from any alcohol or drugs in their system.
How else can an employee challenge a denial?
An employee may also be able to prove that a “qualifying chemical test” wasn’t used or challenge the time frame or results. They may possibly be able to show that they weren’t provided proper notice. However, another change in this same law allows employers to post required employee notices online rather than on paper in common areas like break rooms.
This new law likely means that more employers and their workers’ comp insurers will try to prevent workers’ comp claims by attempting to link injuries to alcohol and/or drugs, even if these substances weren’t the cause. That means more workers may have to fight for their right to workers’ comp benefits. When that becomes necessary, having experienced legal guidance can make all the difference.