POSITIVE DRUG TEST IN ARIZONA WORKERS COMP CLAIM
by Chad Snow, Partner
When I first started practicing 15 years ago, insurance
carriers made all injured workers submit to a drug test immediately after the
work accident. A positive result usually resulted in the claim being
denied.
In 2005, a claim went up to the Supreme Court of Arizona alleging
that denying claims based on drug test results was unconstitutional as it
introduced an element of fault into what is supposed to be a no-fault system
(meaning that a claim is compensable no matter who is at fault). The
cases that resulted, Komalestewa and Gramatico, overturned the
practice of denying claims based on positive drug or alcohol tests at the time
of the injury.
Many injured workers are still afraid to file a claim for
an on-the-job injury because they have used recreational drugs or consumed
alcohol prior to their injury. Although there may be issues with your
employer, there are no longer issues of positive drug or alcohol tests in
Arizona workers compensation claims. However, it’s still not a good idea
to get high before climbing onto a roof… just a little free legal advice!
If you or somebody you know has been injured on the job or has a medical condition that will keep them from working for 12 months or longer, call our toll-free number at 855-325-4781 to set up a free consultation over the phone or in person at one of our offices across the State of Arizona. You can also find more information about Snow, Carpio & Weekley by visiting our website at www.workinjuryaz.com.
