Workers’ Compensation Defense in Tennessee: Alcohol and Drugs
If you are injured at work while under the influence of a drug or alcohol and a drug test is performed proving that fact, your employer will likely deny you Tennessee workers’ compensation benefits. However, with proof that your accidental injury was caused by something else, your right to compensation can be restored.
Under T.C.A. 50-6-110, no compensation is allowed for an injury or death due to intoxication or illegal drug usage. The cause of injury due to intoxication or drug use is presumed if, at the time of injury:
- the employer had in place a drug-free workplace policy; and
- the employee blood alcohol concentration was equal to or greater than .08% and the employee worked in a non-safety sensitive position, or equal to or greater than .04% and the employee worked in a safety sensitive position.
The same is true if a blood test reveals the presence of a drug in the employee’s system. Drug tests often check for marijuana, cocaine and many prescription medications.
A worker can also be denied coverage if he or she is injured and subsequently refuses to take a drug test.
The law, however, allows workers to “rebut” the intoxication “presumption” whenever there is evidence that the TN personal injury was caused by something other than the employee’s ingestion of drugs or alcohol. This means that the employer only has to prove a positive drug test to shift the burden onto the employee to prove his or her intoxication did not cause the accidental injury.
What you should know is that intoxication or usage of drugs does not automatically foreclose benefits to an injured worker. Employers raise the defense as a justification for not paying benefits. There’s no incentive for them to then prove that something other than the taking of a drug or alcohol caused the injury. It thus becomes necessary for you to retain counsel to prove otherwise.
If you have been denied coverage because of a positive blood test or if you were denied coverage for failing to consent to a drug screen, don’t resign yourself to defeat. Workers are entitled to workers’ compensation benefits for injuries that arise out of their employment. If the injury was not caused by intoxication or drug use, then you cannot be denied coverage. However, belief is not enough - you have to prove it. Contact an experienced workers’ compensation attorney in Tennessee at Baker Associates to find out how.
