• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Bross & Frankel, P.A.

Disability Benefits Lawyers

CALL US TODAY : 856-795-8880

Schedule A Free Claim Review

Main navigation

  • Home
  • Practice Areas
    • Social Security Benefits
      • SSDI Attorney
      • SSI Lawyers
      • SSD Denial Appeals
      • SSD Attorney’s Fees
      • How to File for SSD
      • When to Apply for Disability
      • Requirements for Disability Benefits
      • Qualifying for Disability After 50 and 60
      • Social Security Disability Rules After 50
      • SSDI Reconsideration
      • What Heart Conditions Qualify for Disability?
      • Disability for Neuropathy
      • Federal Disability Cases
    • Veterans Benefits
      • How to Apply for Veterans Benefits
      • Appealing Denied VB Claims
      • VA Benefit Claims
        • TDIU Benefits
    • Long Term Disability / ERISA
      • Long-Term Disability Insurance in New Jersey
      • ERISA Disability Lawyer
      • How to File an ERISA Claim
    • Workers Compensation
      • Workers Comp Benefits
      • Workers’ Comp Settlements
    • Employment Law / Employment Discrimination
    • Personal Injury
      • Car Accident Attorneys
      • Slip and Fall Attorneys
      • Pedestrian Accident Lawyers
      • Rideshare Accident Lawyers
      • Motorcycle Accident Lawyers
  • Attorney Profiles
    • Davis S. Bross
    • Richard L. Frankel
    • Jennifer Stonage
    • Elizabeth Berenato
    • Joshua Forrest
    • Mychal Giansanti
  • FAQs
  • Resources
    • Disability Qualifications
    • Simple SGA Amount for SSDI Calculator
    • New Jersey Veterans Resource Guide
    • Disability Statistics
    • Veterans Disability Benefits Calculator
    • Veteran-Owned Business Directory
    • Helping Someone Receive Disability Benefits
  • Reviews
    • Leave Us a Review
  • Our Location
    • Cherry Hill
  • Blog
  • Contact Us
  • Home
  • Practice Areas
    • Social Security Benefits
      • SSDI Attorney
      • SSI Lawyers
      • SSD Denial Appeals
      • SSD Attorney’s Fees
      • How to File for SSD
      • When to Apply for Disability
      • Requirements for Disability Benefits
      • Qualifying for Disability After 50 and 60
      • Social Security Disability Rules After 50
      • SSDI Reconsideration
      • What Heart Conditions Qualify for Disability?
      • Disability for Neuropathy
      • Federal Disability Cases
    • Veterans Benefits
      • How to Apply for Veterans Benefits
      • Appealing Denied VB Claims
      • VA Benefit Claims
        • TDIU Benefits
    • Long Term Disability / ERISA
      • Long-Term Disability Insurance in New Jersey
      • ERISA Disability Lawyer
      • How to File an ERISA Claim
    • Workers Compensation
      • Workers Comp Benefits
      • Workers’ Comp Settlements
    • Employment Law / Employment Discrimination
    • Personal Injury
      • Car Accident Attorneys
      • Slip and Fall Attorneys
      • Pedestrian Accident Lawyers
      • Rideshare Accident Lawyers
      • Motorcycle Accident Lawyers
  • Attorney Profiles
    • Davis S. Bross
    • Richard L. Frankel
    • Jennifer Stonage
    • Elizabeth Berenato
    • Joshua Forrest
    • Mychal Giansanti
  • FAQs
  • Resources
    • Disability Qualifications
    • Simple SGA Amount for SSDI Calculator
    • New Jersey Veterans Resource Guide
    • Disability Statistics
    • Veterans Disability Benefits Calculator
    • Veteran-Owned Business Directory
    • Helping Someone Receive Disability Benefits
  • Reviews
    • Leave Us a Review
  • Our Location
    • Cherry Hill
  • Blog
  • Contact Us
Call
Email
Text Us

Can You Still Receive Workers’ Comp If You Fail the Drug Test?

Last Updated Date: Mar 28 2022 By Rich Frankel

Workers Comp

Workers’ compensation is a no-fault system of insurance that provides coverage for employees who have been injured or become ill on the job. In other words, if you are hurt or become ill because of your job (such as through an accident or exposure to toxic chemicals), you won’t have to prove that your employer was negligent in order to receive benefits. In New Jersey, all employers are required to carry workers’ compensation insurance.

The advantage of the workers’ compensation system is that it provides a relatively straightforward way for employees to receive benefits — including for medical treatment, lost wages and/or disability — if they are hurt or become ill at work. This is true even if you became ill or were injured because of something that you did, such as drop a heavy piece of equipment on your foot.

However, there are some exceptions to the no-fault rule. In some situations, if you were intoxicated at the time that an accident occurred, you may be denied benefits. Learn more from a skilled New Jersey workers’ compensation attorney.

Drug Testing After a Workplace Accident

As a general rule, workers’ compensation covers all personal injuries and death arising out of and in the course of employment — without regard to the negligence of the employer. However, that does not meet that ALL injuries and illnesses are covered. There are specific exceptions written into the New Jersey Workers’ Compensation Act, including for when intoxication or the unlawful use of controlled dangerous substances are the cause of the injury or death.

In short, this means that if your workplace injury was caused by your own intoxication, then you may not be eligible for workers’ compensation benefits. This is typically proven through drug testing after an accident causing injury or death.

In New Jersey, state law does not regulate drug testing employees in the private sector. Courts have laid out certain guidelines that must be followed when employers choose to drug test their workers. In Hennessey v. Coastal Eagle Point Oil Co., the New Jersey Supreme Court strongly implied that — except in safety-sensitive positions — privacy rights forbade random drug testing.

Under Hennessey, employees who are not in safety-sensitive positions can only be tested “for cause,” and all testing programs must have certain procedural due process guidelines in place.  All testing programs should adhere to the following general guidelines:

  • Implement a procedure that allows as much privacy and dignity as possible;
  • Provide notice, close in time to the beginning of a testing program but sufficient to provide adequate advance warning, that announces the program, details the method for selecting employees to be tested, warns employees of the lingering effects of certain drugs in the system, explains how the sample will be analyzed, and notifies the employees of the consequences of testing positive or refusing to take the test;
  • Conduct only those tests that are necessary to determine the presence of drugs in the urine; and 
  • Refrain from disclosing information obtained as a result of testing.

This case demonstrates that while employers can conduct drug tests, they must follow specific procedures so that your privacy rights are not violated. If you are involved in a workplace accident, that will likely give your employer cause to request a drug test, provided that a written testing policy is in place at the time of the accident.

A drug test could test for a variety of substances by analyzing samples of hair, urine, blood, breath and/or sweat. These substances may include:

  • Amphetamines, such as meth or speed
  • Marijuana
  • Cocaine or crack
  • Ecstasy 
  • Opiates, such as heroin, morphine or oxycodone

In addition, your employer could test for the presence of alcohol in your system after an accident.

Importantly, in 2016, the Occupational Safety and Health Administration (OSHA) published a rule that is designed to deter discrimination or retaliation against employees who report workplace injuries. Under the rule, drug testing should be limited to situations where there is a reasonable probability that drug use contributed to the accident.

How a Positive Drug Test Impacts Your Eligibility for Workers’ Comp

If your employer requests a drug test after a workplace injury, and it comes back positive, it does not necessarily mean that you will not be able to receive workers’ compensation benefits. Under the Workers’ Compensation Act, it is only those injuries and death that were caused by intoxication or drug use that are excluded from coverage. Even if you test positive for drugs or alcohol after an accident, if intoxication did not cause the accident, then the injury is still considered compensable.

There are many other factors that could cause a workplace injury, even if you were intoxicated. For example, you could have been working on a piece of defective machinery at the time that you were injured. If you had been sober, you may have avoided being hurt by noticing it sooner — but the ultimate cause of your injury was the defective machinery, not your intoxication.

In addition, now that medical marijuana has been legalized in New Jersey, you may be protected in other ways if your drug test turns up positive for marijuana use. Not only can you demonstrate that you were using marijuana legally, but you can also show that it was being used for a medical condition. In addition, your New Jersey workers’ compensation attorney can argue that the presence of marijuana in a drug test is not, by itself, sufficient to show intoxication at the time of an accident.

Want to Learn More? Reach Out Today.

Although it was set up as a no-fault system, the workers’ compensation process can be complex. This is particularly true if you happen to test positive on a post-accident drug test. If this occurs, your employer or the insurance company may unfairly try to deny your benefits.

The attorneys of Bross & Frankel understand that each of our clients has a different situation — and that each deserves aggressive advocacy to help them get the compensation that they deserve. With more than 20 years of experience, we are dedicated to helping people like you. To learn more or to schedule a free initial consultation, call t us today at 856-795-8880 or contact us online.

rich-frankel
Rich Frankel

Rich Frankel is the managing partner of Bross & Frankel. He is a member of the New Jersey and Pennsylvania bars. He has focused exclusively on disability and social security benefits since 2005.

Mr. Frankel joined what is now Bross & Frankel after having watched his father struggle with disability, fighting a lengthy illness. Mr. Frankel founded the firm’s veteran’s law practice and substantially grew the social security disability practice, focusing Bross & Frankel’s ability to fight for all of the disability benefits available to his clients.

Mr. Frankel additionally fights for clients in court, obtaining frequent victories in Social Security appeals and against insurance companies in Federal court.

Written by Rich Frankel · Categorized: Workers’ Compensation Claims

Primary Sidebar

Primary Sidebar

Free Claim Review

Speak with an experienced Social Security Disability lawyer about your claim today.

  • Hidden
  • Bross & Frankel may use your phone number to call you and to communicate by text. We will not use your phone number for marketing and will not share your contact information outside our office for any reason. We will only use SMS to communicate with you directly and manually by a member of our staff. If you do not consent to use of SMS for direct communication, please uncheck the above box. You may opt-out by replying STOP or ask for more information by replying HELP. Message frequency varies. Message and data rates may apply. You may review our Privacy Policy to learn how your data is used.. You can read more about our privacy policy at https://brossfrankel.com/disclaimer-notices/

  • * indicates required field

  • The team at Bross & Frankel would like to stay in touch with you! Please un-check this box if you prefer to unsubscribe from receiving future company communications from the Bross & Frankel team beyond your inquiry. Thank you!

  • This field is for validation purposes and should be left unchanged.

Practice Areas

  • Social Security Disability / SSI Claims
  • Veterans Disability Compensation & Pension

  • Long Term Disability Claims / ERISA Benefits
  • Workers Compensation Claims
  • Employment Law / Employment Discrimination

Recent News

  • What Should Veterans Know About Secondary Conditions and Service Connections?
  • VA Disability Benefits vs. Social Security Disability:  Am I Eligible for Both?
  • How the VA Rates Disabilities:  Understanding the VA Rating Schedule
View More Recent News

Resources

  • Musculoskeletal Disorders
  • Psychiatric (Mental Health) Disorders
  • Neurologic Disorders
  • Hepatic & Biliary Disorders
  • Cardiovascular Disorders
  • Respiratory Disorders
  • Gastrointestinal Disorders

Client Reviews

I thought I could apply for social security on my own and breeze through the process. After being denied my neighbor told me about Bross & Frenkel, so I gave them a call. Mr. Bross called me directly and took on my case.

- Pun!Kin

Rich Frankel is a great person and made me feel taken care of through all my disability issues with the VA and my employer. He is very knowledgeable of the VA disability and employment law and I thank him for all of his help.

- Bernice Williams

Very helpful for our family and helped in a timely manner.

- Bernadette Barricella Forbes

After the first interview, the process seemed to move right along. All the paperwork was filed fast and emails were sent on detailed updates. SSI is a very slow and agonizing journey, but it’s good to have representation that knows what to …

- Ernest I

Bross & Frankel, wow you guys are amazing! This has been a long tedious process and I thank you all so much for successfully representing me, I would definitely recommend you’re office to anyone!! Thank you again!

- Sandra R
View More Client Reviews

Footer

Main Office
Bross & Frankel, P.A.
725 Kenilworth Ave.
Cherry Hill, NJ 08002

CALL : (856) 795-8880

EMAIL
SSD
  • How to Apply for Disability
  • How to Appeal an Disability Denial
  • Cost of a Disability Attorney
  • Trenton Disability Lawyers
Veterans Benefits
  • NJ Veterans Benefits Attorneys
  • Veteran Disability Appeals
  • Veterans Disability Benefits Calculator
  • Philadelphia Veterans Benefits Lawyers
  • VA Nexus Letter
LTD
  • Long Term Disability Lawyers
  • How to Apply for Long Term Disability?
  • Philadelphia Long Term Disability Attorneys
Resources for Those Over 50
  • Qualifying for Disability After 50
  • Social Security Disability Rules After 50
  • Disability Reviews After Age 50
Important Information
  • Can You Work While Applying for Disability?
  • What Conditions Qualify You For Disability?
  • Difference Between SSI and SSDI
  • Can You Collect SSD and LTD?

Copyright © 2025 Bross & Frankel, P.A. | All Rights Reserved | Disclaimer

Connect With Us :