Drug Testing and Illinois Work Comp

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Since recreational marijuana became legal in Illinois, many workers have wondered what that means for their rights on the job, especially if they get hurt at work. The reality is that while marijuana use is legal under state law, employers still have the right to drug test employees.

This becomes especially important in Illinois workers’ compensation cases, because drug testing often happens after a workplace accident. Too many injured workers hesitate to report their injuries out of fear of testing positive. Unfortunately, waiting too long can lead to consequences (forfeiting your workers compensation rights) that can greatly impact your health and income.

When and Why Employers Can Drug Test

Unless you are covered by a union contract, your employer can drug test you at almost any time. While some industries test more often (such as healthcare), many employers only conduct drug tests after a work injury. In most cases, the push for testing comes from the employer’s insurance company, not the employer themselves. Insurers want to see if drugs or alcohol could be used as a reason to deny a workers comp claim.

However, a failed drug test does not automatically end your workers’ compensation case. It gives the insurance company a possible defense, but they still have to prove that you were impaired at the time of the accident and that your impairment caused the injury. Your testimony can be enough to overcome the failed drug test and result in you receiving benefits.

How soon a drug test happens after an injury makes a big difference. Immediate tests, like right after a machinery accident, carry more weight because they show what was in the system at the time of the injury. Delayed tests are easier to explain. If you hurt your back on Friday and are tested on Tuesday, a positive result may just mean you used marijuana at home after the accident to deal with pain. If you test positive for alcohol, that is way more harmful to you than other drugs that stay in your system for a while.

Refusing to take a test is almost always worse than failing one. A refusal can make winning your case nearly impossible. Workers’ compensation attorneys would rather represent someone who failed a test than someone who declined a test. You can overcome a failed drug test. It’s very hard to win if you outright refuse to take one.

The Bigger Risk: Not Reporting Your Injury

While drug testing is a real concern, the more serious risk is what happens if you fail to report your injury at all. If you wait too long, you may lose your right to pursue workers’ compensation benefits. Some people don’t report because they are worried about the drug test. That is a terrible idea and one that could ultimately harm your case.

If you can’t receive work comp benefits, this means no payment for medical bills, no temporary disability checks while you recover, and no settlement down the road. In some cases, workers have ended up with severe injuries, no job, no health insurance, and no ability to file a claim because they stayed quiet too long.