Can I receive Florida Workmans Comp Benefits

Florida Workmans' Comp State law denies medical and indemnity benefits if an employee tests positive for alcohol or a prohibited drug, or refuses a test, provided that the employer's program has been implemented in accordance with the Workers' Compensation Premium Reduction Act. Fla. Stat. Ann. 440.101 (1993). The Florida Premium Reduction Act This is a voluntary law that provides a five percent discount on workers' compensation premiums to employers who implement and maintain a certified drug-free workplace program in accordance with the standards set forth in the Act. A confirmed positive drug test result disqualifies an injured employee from receiving benefits. The Act requires preemployment, for-cause, periodic, post-accident, and rehabilitation drug testing. Random testing is permitted but not required. A comprehensive written policy must be implemented and specific requirements relating to drug testing procedures must be followed. The Act was recently amended to permit the use of hair testing. Fla Stat. 440.101 - .102 (West Supp. 1999); Fla. Admin. Code Ann. Rule 38F-9.015 and Rule 59A-24 (1993).