HB 4377
Relating to eligibility for workers' compensation benefits by requiring blood test after traumatic injury to determine intoxication
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill would require a blood test to be administered to workers who have sustained a traumatic injury at work within 12 hours of the injury, to determine if they were intoxicated at the time of the incident. If a worker refuses the test, or is deemed unable to consent, they will be disqualified from receiving workers’ compensation benefits for that injury. The bill outlines specific procedures for administering the test and protects against liability for medical providers.
Key provisions
- Requires blood tests for intoxicated workers injured in the course of employment.
- Tests must be administered within 12 hours of the injury.
- Refusal to take the test results in disqualification from benefits.
- A 15-minute revocation period is provided for a refusal.
- Only specific medical professionals can draw blood for the test.
- Workers can request an independent chemical test at their own expense.
- Medical providers are protected from criminal and civil liability unless there is gross negligence.
- The bill takes effect on July 1, 2026.
Who is affected
- Workers’ Compensation Recipients
- Employers
- Medical Providers
- Employees
- Healthcare Professionals
Notable changes
- Introduces a requirement for blood tests in workers’ compensation cases based on intoxication.
- Creates a specific process for refusing and revoking consent for the test.
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