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What is the name of your state? New York.
Several weeks ago my husband was injured at work. The company never filed the accident with comp insurance (they cancelled their comp ins because of rates) and then had the nerve to ask him to fill the prescription with our health care provider and they would pay the co-pay. He was not going to file a claim, however the injury did not heal and he requested to see his Dr. to have it looked at. The Co. said ok but first he was to go to their Dr. When he got to their Dr. he found out that the Co. set him up for a drug test. He took the test knowing he is not a drug user!! The test came back positive. He told his boss he never smoked before but was with some people and did a really dumb thing! I couldn't believe it! My question, did the employer have the right to make him take the test before treating his injury and can they fire him? He told them he would do anything to keep his job even rehab, knowing he doesn't have a problem and never did. One night out with the guys blew his career! He feels he was set up. He has never had any kind of trouble like this and doesn't know what to do but crawl in a hole!


Senior Member
Yes, the company has the right to request an employee take a drug test and requesting tests when an employee has an industrial accident is commonplace. In a few States, when an employee tests positive for a prohibited substance, it negates the employer's responsibility for the injury. I don't know if NY is one of those states but your husband may contact NY's Worker's Compensation Division and inquire.

Your husband wasn't "set up." He's the one who decided to smoke dope with his pals. Nobody forced him. If he smoked marijuana, he IS a drug user. Perhaps not a chronic drug user but a drug user nonetheless. Yes, they can terminate him for testing positive.

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