Are Florida workers’ compensation benefits payable if I tested positive for drugs or alcohol right after my accident?

In Florida, compensation is not payable if the injury was occasioned primarily by the intoxication of the employee, the influence of any drugs, barbituates, or other stimulants not prescribed by a physician. A positive post-accident drug test creates a presumption that the injury was in fact caused by alcohol or drugs. This means the claimant will have the burden to demonstrate that injury was not caused by alcohol or drug use.