What if Your Employee Refuses a Drug Test After Injury in Florida?

If an employee refuses a drug test after a workplace accident, what can you do as their employer? Can you deny their Workers’ Compensation insurance claim? Can you fire or otherwise discipline them? Our experienced insurance brokers have the answers.

If one of your employees refuses to take a drug test after sustaining an injury at work, you have a few options. Employers can choose to discipline or discharge an employee for refusing to take a drug test or deny a Workers’ Compensation claim filed by an employee in Florida. Drug testing employees after workplace injuries is important so that you can identify illegitimate Workers’ Compensation claims, maintain a drug-free workplace, and stay eligible for Florida’s 5% Workers’ Compensation premium discount for employers of drug-free workplaces.

Our brokers are here to match your company in Florida with the ideal Workers’ Compensation insurance policy. To learn more about the Florida Workers’ Compensation insurance brokers at NPN Brokers, call today at (561) 990-3022.

What Can You Do if Your Employee Refuses to Take a Drug Test After a Workplace Injury in Florida?

While employees can choose to refuse a drug test after a workplace accident in Florida, doing so may have consequences. As an employer of a drug-free workplace, you have the right to discharge any employee who refuses to take a drug test after sustaining injuries. You can also more easily deny a Workers’ Compensation insurance claim arising from a workplace accident in Florida.

Discharge the Employee

When you have a drug-free workplace in Florida, you can drug test an employee anytime. While there are certain situations in which you should drug test an employee, for example, if you have reasonable suspicion that they may be using drugs or alcohol at work, you can also do random testing.

If an employee was recently injured at work and you suspect that drug or alcohol use contributed to or caused their injuries, you can submit them for drug testing in Florida. If they refuse to take a drug test, it is your right to discharge, or fire, them. Employers can even refuse to hire applicants who do not agree to take a drug test in Florida.

Deny the Employee’s Workers’ Compensation Claim

If an injured employee refuses to take a drug test following a workplace accident in Florida, you have reason to deny their Workers’ Compensation insurance claim. If you enforce a drug-free workplace, and an employee won’t take a drug test following a workplace accident, it will likely be presumed that their injuries were caused by drug or alcohol use.

If drug testing is part of your company’s protocol, and an injured employee refuses to comply, you can deny their Workers’ Compensation claim. This can keep your premiums low and prevent employees from misusing Workers’ Compensation benefits. To learn more about how drug-free workplaces and drug testing employees can benefit your premiums, speak with our Florida Workers’ Compensation insurance brokers.

Why Should You Drug Test Injured Employees After Workplace Accidents in Florida?

After a workplace accident that results in injury in Florida, you should drug test the injured employee, especially if you are part of the state’s drug-free workplace program. In doing so, you can more easily identify fraudulent Workers’ Compensation claims, reinforce your company’s values, and stay eligible for Florida’s premium discount for drug-free workplaces.

Identify Fraudulent Claims

Drug testing employees after workplace accidents helps employers in Florida identify fraudulent Workers’ Compensation claims. If you don’t drug test an injured employee after an accident, you may be unable to confirm whether or not drug or alcohol use caused their injuries. This can lead to your Workers’ Compensation carrier paying out illegitimate claims to employees under the influence at the time of an accident, resulting in increased insurance premiums. As our Florida Workers’ Compensation insurance brokers know, carriers typically respond positively to companies that drug test injured employees to help confirm the validity of claims.

Reinforce Company’s Drug-Free Program

When you have a drug-free workplace in Florida, it is important that employees stay reminded of that fact. Failure to drug test employees after workplace accidents might make it appear as though your company does not take drug or alcohol use at work seriously. This might enable employees to continue using substances on the job, resulting in additional workplace accidents and lost work days. By drug testing employees regularly and after a workplace accident resulting in injury, you can continuously reinforce your company’s dedication to maintaining a drug-free workplace.

Stay Eligible for Premium Discount

Florida incentivizes employers to enforce drug-free workplaces by offering a 5% premium discount on Workers’ Compensation insurance. This means you can actually lower your company’s premiums by establishing a drug-free workplace. When you stop adhering to Florida’s requirements of a drug-free workplace and fail to test employees when necessary, you might lose that discount. Florida requires employers of drug-free workplaces to test employees any time they have reasonable suspicion of drug use, which might be after a workplace accident, depending on the circumstances.

Because of this, it is important to drug test employees after they sustain injuries at work, especially if you benefit from Florida’s 5% premium discount for drug-free workplaces. Our Florida Small Business Workers’ Compensation insurance brokers can explain how routinely drug testing employees can lower your insurance premiums by keeping the amount of paid benefits to employees low.

Call Our Florida Brokers to Get a Workers’ Compensation Insurance Quote Today

If you need Workers’ Compensation insurance for your business in Florida, contact our brokers. To learn more about the Florida Workers’ Compensation insurance brokers at NPN Brokers, call today at (561) 990-3022.