Tennessee Drug Free Workplace employers Program Development and Implementation Guide
Intoxication Defense – Denial of Workers Compensation Claim – In Tennessee If an employee is injured at work and later fails a post-accident drug/alcohol test, it is presumed that the drugs or alcohol were the proximate cause of the injury. Workers’ Compensation benefits can be denied until the injured employee overcomes that presumption. Legislation was passed in 2011 that increased the standard of proof required by an injured worker to overcome the presumption from a preponderance of evidence to clear and convincing evidence. This change makes it even more difficult for employees impaired by alcohol or other drugs, while at work, to qualify for workers’ compensation benefits.
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.
State Law Tennessee