Drug Testing After a California Work Injury: What You Need to Know

If you’re a firefighter, police officer, or EMT injured on duty, your employer may request drug testing after a California work injury. Sometimes it’s routine under department policy; other times it’s triggered by a vehicle incident, use-of-force event, or “reasonable suspicion.” Either way, it’s important to understand what drug testing can (and can’t) mean for your workers’ comp claim.

For an overview of the full first responder process, start here: California Workers’ Compensation for First Responders: Firefighters, Police, and EMTs.

Drug testing after a California work injury: can it deny workers’ comp benefits?

A positive test does not automatically deny a California workers’ comp claim. Workers’ comp is generally no-fault, but insurers may try to argue intoxication caused the injury under California Labor Code § 3600.

What matters is whether the insurer can connect the test result to the injury event—not just the fact that something shows up on a panel.

When do employers drug test after a workplace injury?

There’s no single statewide “deadline” for testing that applies to every workplace. Timing usually depends on:

• Department/employer policy (and sometimes union agreements)

• Safety-sensitive rules for the job

• Incident severity (vehicle crash, serious injury, major safety event)

• A supervisor’s claim of “reasonable suspicion”

OSHA guidance also warns against blanket post-incident testing that could be seen as retaliatory, and emphasizes having a legitimate basis for testing.

What first responders should do if drug testing is requested

1. Get medical care first. Your health comes before paperwork or policy debates.

2. Ask what policy applies. Routine post-incident vs. reasonable suspicion matters.

3. Document the timeline. Note injury time, report time, and when testing was requested.

4. Be careful with statements. Keep it factual and consistent—don’t speculate.

5. If you take prescriptions, document them properly. Don’t stop or change meds without a doctor.

If the insurer disputes treatment, restrictions, or causation afterward, a QME may come into play.

You can read our in-depth article Qualified Medical Evaluations (QME): What First Responders Should Know for more information.

You can also review California’s DWC workers’ comp resources here: https://www.dir.ca.gov/dwc/

What if the insurance company uses the drug test to pressure a low settlement?

This happens. A positive (or even “inconclusive”) test can be used to delay authorizations or push a quick, discounted resolution—especially in high-stakes first responder cases.

If PTSD or a critical incident is part of what you’re dealing with, this settlement guide can help: PTSD Workers’ Compensation Settlements in California: A Guide for First Responders

Talk to WCWCA if drug testing is being used against you

If drug testing after a California work injury is being used to delay care, deny benefits, or pressure you into a bad settlement, it’s worth getting legal guidance early before the record gets shaped against you.

Call 415-218-5634 or reach out via our contact page.