![]() According to the Division of Workers Compensation, rebuttable presumption means that the burden of proof shifts to the claimant to prove that they are not intoxicated at the time of injury. Workers comp carriers require a drug test for post-accident situations. Don’t forget the post-accident drug and alcohol test after an injury.Ī workers comp claim in Texas may be denied if the employee tests positive for drug or alcohol after an accident. The intoxication defense stands as a way for employers to avoid liability when a claimant was injured because of his/her intoxication. The intoxication defense often works in Texas to deny a claim saving both the employer and the employee money. Falsification of a drug test is an offense in Texas with the person committing the act of using substances or devices to falsify drug tests guilty of a Class B misdemeanor and those aiding or delivering substances intended to falsify the test for drugs guilty of a Class A misdemeanor.ĭenial of a Workers Comp Claim for a Positive Drug Test in Texas Under Texas law, using a substance or device to try to falsify drug test results is a Class B misdemeanor, which carries a maximum penalty of 180 days in jail and a $2,000 fine. Texas has a law against cheating on a drug test. That is why it is so important to have each employee sign a consent form allowing complete disclosure of all test documentation by both the testing lab and the employer for the purpose of responding to claims and lawsuits.
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