What if you miss the Cup?

September 2, 2008 5:23 PM

HR/YANML filter: One of my assistants had an on-the-job injury today, and at the hosptial, they failed to give her the pee test drug screening that our company requires. She's concerned that they may use that as basis for claiming that she refused the test, and therefore will be on her own for the expense. I don't feel like this is the case, but I wanted someone with a more informed answer to help me reassure her. So, do they have the burden of proof if they claim she refused? How long after the event can they require it?
posted by Morydd to Work & Money (1 answer total)

I'm more versed in KY, IN, and OH Worker's Comp, but here goes what I read today: "Illinois Workers' compensation is a no-fault system of benefits paid by employers to workers who experience job-related injuries or diseases" directly from Illinois Worker's Comp Website. As far as I can tell, IL does not require post-accident drug tests, and goes so far as to allow 45 days from the date of injury/accident to report it as a WC related injury.

Just to be on the safe side, have her go back to the same place she sought initial treatment and request a post-accident drug test and make sure she lets the doctors/nurses know that it is in conjunction with her injury from yesterday. More than likely she wasn't clear that it was a work-related injury, because almost all ERs/Urgent Cares automatically do post-accident drug screens on work-related injuries. She needs to clear that up ASAP so that the bills are sent to her employer/her employer's MRO/PEO, etc, rather than her, which is a huge nightmare waiting to happen.
posted by banannafish at 5:51 AM on September 3, 2008