The Role of Alcohol and Drug Testing After Maritime Accidents: What Workers Should Know

Alcohol and Drug Testing After Maritime AccidentsIf you’ve been injured on the job offshore or aboard a vessel, there’s a good chance your employer will ask you to take a drug or alcohol test — sometimes within hours of the accident. That request alone can be enough to raise serious concerns:

  • Will I lose my job if I fail?
  • Will a positive test ruin my chances of getting compensation?
  • What if I take medication that could affect the results?

You’re not alone in asking these questions. Maritime workers face intense pressure after an accident — physically, emotionally, and legally. And while alcohol and drug testing is a common part of post-accident procedures, it doesn’t automatically mean your claim is over or that you’re at fault.

Why You’re Being Tested After a Maritime Accident

After a serious injury at sea or on the job offshore, one of the first things your employer may do is order drug and alcohol testing. It can feel invasive or even accusatory — but it’s often part of standard procedure.

Here’s why it happens:

It’s Required by Federal Law in Some Cases

The U.S. Coast Guard requires mandatory testing after what’s called a Serious Marine Incident (SMI). These include:

  • A death or life-threatening injury
  • An injury requiring medical treatment beyond first aid
  • Property damage over a certain dollar amount
  • Significant damage to the environment (like an oil spill)

In these cases, testing isn’t just your employer’s decision — it’s a legal requirement under 46 CFR Part 4.

Employers Want to Limit Liability

Even when the Coast Guard doesn’t require it, employers often conduct post-accident testing to protect themselves. If they can show you were under the influence, they may try to:

  • Deny your maintenance and cure
  • Avoid responsibility under the Jones Act
  • Shift blame away from unsafe conditions or poor training

It Starts the “Paper Trail” — For Them and for You

Once testing begins, your employer is building their case. You should be thinking about yours too. That’s why it’s important to understand your rights, know what’s fair, and document everything from the start.

What to Expect During a Drug or Alcohol Test

When you’re asked to take a drug or alcohol test after a maritime accident, things can move quickly. You might be in pain, confused, or still processing what just happened — but the test itself can have a big impact on how your claim unfolds.

Here’s what you need to know:

Time Limitations on Testing

  • Alcohol Testing: Usually done with a breathalyzer. The U.S. Coast Guard requires that it be performed within 2 hours of the incident — and no later than 8 hours.
  • Drug Testing: Typically involves a urine or blood sample. This must be done within 32 hours after the accident.

If testing is delayed or not done within the right time frame, the results may not hold up — and your maritime attorney can challenge their accuracy.

Chain of Custody Matters

Drug and alcohol testing must follow strict rules about how samples are:

  • Collected
  • Labeled
  • Stored
  • Transported to the lab

If those steps aren’t followed properly, there’s a risk of contamination or mix-ups. That could make the test results unreliable — and that can work in your favor during a legal claim.

What You Should Do

Even if you feel pressured, you can take steps to protect yourself:

  • Ask questions. Who’s doing the test? What type is it? When is it being taken?
  • Write down the details. Note the time, place, and people involved in the testing process.
  • Don’t admit fault. Avoid saying things like “I messed up” or “I shouldn’t have taken that medicine.” Stay calm and focused.
  • Call a lawyer as soon as possible. The sooner you get legal guidance, the better your chances of protecting your rights.

Can a Failed Test Hurt Your Injury Claim?

This is the question that keeps a lot of injured workers up at night. If you tested positive for drugs or alcohol after a maritime accident, you might assume you’ve lost your chance to recover compensation.

But here’s the truth: a failed test does not automatically destroy your case.

Your Employer Has to Prove Intoxication Caused the Accident

Under the Jones Act, maritime workers can file injury claims if their employer’s negligence played a role in the accident. Even if you test positive for alcohol or drugs, your employer still has to prove:

  • You were impaired at the time of the accident; and
  • That your impairment directly caused the injury.

This is a high legal bar that employers have to meet. Just having something in your system isn’t enough.

Many Maritime Injuries Happen for Other Reasons

  • Faulty equipment
  • Slippery decks
  • Poor training or supervision
  • Unsafe work conditions
  • Fatigue from long shifts

All of these can cause accidents, and they may have nothing to do with whether a worker had alcohol or medication in their system.

An Experienced Attorney Can Challenge the Test

Even if the test came back positive, it may not tell the full story:

  • Was the test delayed past the legal window?
  • Was it properly administered and documented?
  • Could your result have come from a prescribed medication?

These questions matter — and they can change the outcome of your claim.

What If You Refuse the Test?

Refusing a drug or alcohol test after a maritime accident can feel like the safest move — especially if you’re worried about what might show up. But before you say no, it’s important to understand how that decision could affect your job and your injury claim.

Refusing a Test Can Raise Red Flags

Employers and insurance companies may treat a refusal the same as a failed test. They might claim you had something to hide or were avoiding accountability — even if that’s not true. This can complicate your claim and possibly delay or reduce your compensation.

Know the Difference Between Refusing and Asking Questions

You have the right to:

  • Ask why you’re being tested
  • Confirm who is administering the test
  • Request your own copy of the results

Being cautious is smart — but outright refusal can hurt your case more than help it.

There Are Situations Where Testing May Be Unfair

If you were unconscious, in medical distress, or not properly informed, your refusal might be justifiable — especially if your employer didn’t follow required procedures. These are the kinds of facts a skilled maritime attorney can use to your advantage.

Never Sign or Say Anything Without Legal Advice

After an accident, employers may ask you to sign incident reports, waivers, or statements. Don’t rush into anything. If you’ve refused or delayed testing, get a lawyer involved right away. It could be the difference between losing your rights and keeping your case on track.

Hurt offshore? Worried about how post-accident drug or alcohol testing could affect your case?

Contact Lewis, Kullman, Sterbcow & Abramson today for a free, confidential consultation. We’ll help you understand your rights, challenge unfair testing practices, and fight for the compensation you deserve.