Yes, it is true. Just because you have been found to have some level of drug or alcohol in your system when taking an employer's drug screen following a work injury, does not necessarily mean your Tennessee workers' compensation benefits can be cut off. The amounts detected have to be of a certain level before your benefits can be cut off.
Pursuant to Rule 0800-02-12-.10(3) (Reporting and Review of Results), under the Tennessee Drug Free Workplace Program (“TDFWP”) Rules, promulgated pursuant to the authority of T.C.A. 50-9-105(a), T.C.A. 50-9-107(a), and T.C.A. 50-9-111(a)(3) et seq., the Employee may contest or explain the result to the Medical Review Officer (“MRO”) within five (5) working days after receiving notification of the test result from the MRO.
Additionally, pursuant to Rule 0800-02-12-.11 (Employee Protection), under the TDFWP, a covered employer may not discharge, discipline, refuse to hire, discriminate against, or request or require rehabilitation of an employee or job applicant on the sole basis of a positive test result that has not been verified by a confirmation test and by a medical review officer.”
T.C.A. 50-9-104 (a) states, in part, …“If a covered employer fails to maintain a drug-free workplace program in accordance with the standards and procedures established in this section and in applicable rules, the covered employer shall not be eligible for: (1) Discounts under section 50-6-418; (2) A shift in the burden of proof pursuant to 50-6-110(c); or (3)Denial of workers’ compensation medical and indemnity benefits pursuant to this chapter….”
Further, even if an employee has a positive drug and alcohol screen, pursuant to TDFWP Rule 0800-02-12-.03(17)(a) and (b), the Employer is ONLY able to terminate the employee and cut off their workers’ compensation benefits IF the amounts detected reach “Prohibited Levels” as defined by the Rules.
Call The Work Comp Team at Attorney Cody Allison & Associates today at (615) 234-6000 to determine the status of your workers' compensation benefits.
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