Can I be denied my WC claim & unemployment for failing a post accident drug test that was given four days after my accident?

Asked 11 months ago - Salem, OR

Was injured on a Thurs. Was home in bed all day fri. due to adverse reaction to tetanus shot. My employer sent instruction to have a drug test on fri. around 3:00pm, saying it needed to be done by the end of the day. My wife, who checks emails for me, received the message at 6:00pm after being finished with an appnt. (have documented proof) I went in on mon. and took the test. Test came back positive. However the cut off levels for the test ordered from employer (have copy) has a 1000 threshold before being considered positive. My test results where were around 650. The testing determination period at that level proves I was not using at my employers site, but I lost my job since their policy states you can be terminated for using drugs on site. How will this effect my WC claim & unemploye

Attorney answers (2)

  1. Diane Gwyneth Cassaro

    Contributor Level 11


    Lawyers agree

    Answered . Don't know about WC, but I think the positive drug test is going to give you problems with your unemployment claim, even if you weren't using on site.

  2. David A. Papa

    Contributor Level 16

    Answered . Contact an employment attorney through AVVO to answer all of your questions. Get a free consult and discuss your issues privatly and don't continue to express them publicly in this forum.

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