An employee testing positive for drugs after a work injury or refusing to take a drug screen following a work injury can potentially provide the employer with grounds to deny the claim.Īccident / Incident Reports: It is essential for the injured worker to complete an accident/incident report. This can help the employer establish the employee’s baseline health level.ĭrug-Free Workplace Programs: A drug-free workplace policy, whether certified by a state board or not, may help the employer reduce exposure for work injuries. However, employers can require employees to undergo a pre-employment physical and complete a post-hire medical questionnaire. Pre-Employment, Post-Hire Strategies: Employers should use pre-employment physicals and post-hire medical questionnaires, though in general, employers should stay away from asking prospective employees questions about their medical histories or prior accidents when interviewing candidates. In an article published in the March 2019 issue of CLM Magazine, Ronni Bright and Marc Sirotkin discuss the importance of and best practices when investigating a questionable workers’ compensation claim and deciding whether to accept or deny the claim.īright and Sirotkin break the process down into five resources that employers can use to minimize abuse of the system, including:
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