Intoxication and a Denied Work Comp Claim

The Illinois Workers Compensation Reform Bill of 2011 allowed for the denial of benefits when intoxication was the primary cause of an employee injury.  Our office recently had the first case where a claim has been denied.   

An employee of a local landscape contractor stuck his hand under a mower guard.  Needless to say the result wasn’t good for the employees hand.   A supervisor, following claim procedures, went to the sight to investigate and document the incident.  The employee was then driven to their assigned occupational health clinic for treatment.  This landscape contractor includes post-accident drug screening in their loss control program.  The employee was tested and a number of illegal substances were found to be in this employees blood system.  A claim was submitted to the workers compensation carrier and with the encouragement of the employer - the claim was denied.  

We ran the numbers through our workers compensation experience modification calculation tool.  The minimum claim cost including treatment and indemnification benefits is estimated to be $15,000.  The effect on the mod was 14% and a three year additional premium cost to the employer of $12,627.

We can help your business establish a drug free program. Options include:

  • Post-Offer (pre-employment) Testing
  • Probable Suspicion / Reasonable Cause Testing
  • Post-Accident Testing
  • Random Testing

Please reach out to us if we can be of any assistance.

Dan Zeiler

dan@zeiler.com

708.597.5900 x134

 

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