Some people know about the basic worker’s comp idea. They understand what the concept means, and they know that it can help them if they sustain a workplace injury. They may also collect worker’s comp if they become ill and they can blame their job or workplace.

Ensuring compliance with worker’s comp regulations becomes necessary to get any money from this source, though. Usually, there is a rigid guideline structure in place that you must follow.

Even if you injure yourself at work, exceptions sometimes exist that prevent you from getting money through worker’s comp. You should know about them. For instance, maybe you’re wondering whether you can collect worker’s comp if you used drugs and subsequently hurt yourself while at work.

We’ll discuss that in detail right now.

First, let’s discuss worker’s comp in a broader sense so you know what we mean when we use this term. Worker’s comp means worker’s compensation. It’s a kind of insurance that some employers must legally buy when they open their doors to the public.

Generally speaking, if a company hires workers, then they need to get a worker’s comp policy to cover those individuals. Certain exceptions exist. For instance, if someone starts their own company, but they’re the only employee, they don’t legally need a worker’s comp policy till they hire some additional workers.

The state requires that a company get worker’s comp to comply with existing laws and statutes. The worker’s comp must guarantee a sick or injured worker a certain required amount. In that respect, it’s like the many states that demand that drivers carry insurance. For instance, in New York state, drivers must carry a minimum of $50K in PIP insurance to legally drive a car.

With that minimum insurance amount in place, an employee can work and feel a lot more confident. They know that if they get sick at work or hurt themselves while on the job, they can file a claim with their company’s insurance policy. They can then collect money till they recover.

However, the insurance company will investigate the worker’s behavior and actions to make sure they have eligibility. They won’t just allow the employee to collect any money without looking into the situation first.      

You should also know that different states have various laws in place that govern worker’s comp. In that respect, it’s again like licensed vehicle drivers and the insurance the state dictates they must have.

While most states have similar viewpoints and policies in place governing worker’s comp, you will also probably notice small differences if you look closely at each state’s rules and laws in this area. That’s why, if you injure yourself at work and try to collect worker’s comp, you may need to hire a lawyer to make sure you’re eligible and that you’re going about the process correctly.

Now, let’s get back to the original question: if you use drugs either at or before you go to work, and then you hurt yourself, can you still collect worker’s compensation from your employer’s insurance policy?

For the most part, you can’t collect money via worker’s comp if you did drugs either before you went into work or during your shift. However, that is only a blanket statement, and many factors will come into play.

First, we should mention that when we say “drugs” in this instance, we’re talking about virtually any intoxicant. If you consume alcohol before going into work, and then you hurt yourself, that qualifies. If you do any other kind of illegal drug, that qualifies as well.

Often, you will see language in a worker’s comp policy’s fine print that indicates or states explicitly that if you do drugs and injure yourself, then you can’t collect any money via the policy. In other words, intoxication nullifies your employer and the insurance company’s potential obligation.

Like we mentioned earlier, though, the details often vary. What state you’re in plays a part, and the particular insurance policy’s fine print does as well.

You probably can’t figure out on your own whether you might collect any money via such a policy if you did drugs and hurt yourself at work. You will need a lawyer who knows this area of the law. If you hire them, then they can take a close look at the situation and tell you definitely whether you can collect any payouts from this applicable worker’s comp policy.

Maybe your employer only suspects that you did drugs or drank alcohol and hurt yourself while on the job. If so, and you state that you didn’t drink or use drugs before the injury, then maybe you can still collect financial compensation.

What happens directly after the accident or incident often comes into play. If your employer suspects intoxication and demands that you take a drug test, then a positive result could mean you get no money through worker’s comp.

Many times, though, a worker won’t agree to a dug test or a breathalyzer right then. If you’re headed to the hospital, then your employer probably can’t drug test you at the work site, even if they want to at that moment.

As you might imagine, these situations can get contentious in a hurry in many cases. If you claim you didn’t do drugs, and your employer or the insurance company disagrees, that can set up a legal battle.

You might have to take a drug test after the fact. Its outcome can become vital in determining whether you’ll eventually get any money or not.

You shouldn’t do drugs either at work or before going in for your shift. That puts you in the best position to collect worker’s comp if you injure yourself while on the job.