Why a Positive Drug or Alcohol Test Can Get a Texas Workers’ Comp Claim Denied

If an employee is injured on the job in Texas, one of the first things you should do as an employer is a post-accident drug and alcohol test. While that might seem like standard procedure, the results of that test can have serious consequences for workers' compensation benefits.

Here’s why: Under Texas law, a workers’ compensation claim can be denied if the injured worker tests positive for drugs or alcohol and the test is conducted within 24 hours of the injury at a state-approved laboratory.

Let’s break down what that means.

Texas Workers’ Comp and the Intoxication Defense

The Texas Workers' Compensation Act allows insurance carriers to deny a claim if they can prove that the employee was intoxicated at the time of the injury and that intoxication caused the injury. This is known as the "intoxication defense."

But how do they prove intoxication? That’s where the test comes in.

Timing and Testing Matter

To use the intoxication defense, the employer or insurance carrier typically relies on a positive test result for drugs or alcohol. However, the test must meet specific criteria:

• It must be administered within 24 hours of the injury, and
• It must be performed by a lab approved under Texas Department of Insurance (TDI) standards.

If those two requirements are met and the test comes back positive, the law presumes the worker was intoxicated when the injury occurred. That presumption can be difficult to overcome.

What Happens After a Positive Test?

If a worker tests positive:

• The insurance carrier may deny the claim based on presumed intoxication.
• The burden then shifts to the employee to prove they were not actually impaired at the time of the injury — even with a positive test result.
• This usually requires expert testimony or other compelling evidence, which can be costly and time-consuming.

In many cases, a denial based on intoxication sticks unless there is strong evidence to the contrary.

What About Legal Medications or Prescriptions?

This is a common question. Testing positive for a prescription medication does not automatically mean your claim will be denied, but you may need to show that the medication was:

• Legally prescribed to you, and
• Taken as directed.

Even then, the insurance company might try to argue that the medication impaired your ability to work safely. Again, the burden falls on the injured worker to prove otherwise.

Bottom Line

In Texas, a positive drug or alcohol test taken within 24 hours of a workplace injury can derail an injured employee's workers' compensation claim. Employers and insurance carriers can (and often do) use the intoxication defense to avoid paying medical and indemnity benefits. Understanding how the system works is the first step in protecting an employer's experience modification factor and reinforcing a drug-free company culture.