Legal Question in Workers Comp in Florida

I would think that they already have a procedure for this but yes, they need to test you.

If your employer is a participant in a Drug Free Workplace Program (most likely a hospital is a participant) and they have policies and procedures in place, then an injured worker who refuses to submit to a test for drugs or alcohol is presumed to be a positive test result. A positive result or a refusal may result in a forfeiture of workers compensation benefits. However, please note, that even if a drug or alcohol test is positive, the employer/carrier must establish that the drug and/or alcohol played a part in the injury occurring.

David Alan Kara, Esq.

T. 561.573.5822

E. [email protected]