work comp injury

[chjr]

What is the name of your state? CA Is it legal for an employer to suspend an employee pending drug test results?

 

[seniorjudge]

What is the name of your state? CA Is it legal for an employer to suspend an employee pending drug test results?

Q: Is it legal for an employer to suspend an employee pending drug test results?

A: Give us details and facts.

 

[chjr]

A few days ago I got the tip of my finger chopped off by one of the machines at work. I went to emergency and they had to do minor surgery, I lost most of my nail. After being at the hospital for 7 hours the safety person that took me to the hospital made me go take a drug/alcohol test (about 10:30 at night). And he told me to return to work the next day. Well the doctor gave me pain killers, obviously for the pain, and when I woke up the next morning I could not drive myself to work. So i called in, that was on Monday. I have not returned to work since. I went to pick up my regular paycheck today and the safety supervisor told me I was suspened pending drug screen results. He said they haven't received the results yet. They aren't going to find anything in the drug screen. But they said that work comp will not pay me for the time loss until they get those results back. I went to the doctor yesterday and he put me on light duty.

 

[fairisfair]

yes, they can suspend you pending the drug test results. Apparently, your test had to be "sent to lab" for some reason or another. Generally because the "fast test" was questionable, or because that is the standard procedure for that particular facility.

 

[chjr]

Correct, when they took me to take the drug test I already had morphine and some other pain killer in my system. This is what the hospital gave me for the pain. Ok, after they get the results, will I get th work comp from day one or from the day they approve it?

 

[fairisfair]

Correct, when they took me to take the drug test I already had morphine and some other pain killer in my system. This is what the hospital gave me for the pain. Ok, after they get the results, will I get th work comp from day one or from the day they approve it?

to get a decisive answer, you need to direct that question to worker's compensation, if you want me to guess, I would say that you will receive it from the date of the injury forward.