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HB 2037

Relating to eligibility for workers' compensation benefits by requiring blood test after traumatic injury to determine intoxication

2025 Regular Session Introduced by Adam Burkhammer

House Bill 2037 requires blood tests for workers injured on the job to check for intoxication, impacting eligibility for workers' compensation benefits.

To House Judiciary
#workerscompensation
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Bill Summary · HB 2037

Summary of House Bill 2037

Bill Number: HB 2037
Title: Relating to eligibility for workers' compensation benefits by requiring blood test after traumatic injury to determine intoxication
Status: To House Judiciary
Introduced: January 29, 2025
Classification: Bill
Subject: Workers' Compensation

Purpose and Intent

House Bill 2037 aims to amend the eligibility criteria for workers' compensation benefits by mandating blood tests for individuals who suffer a traumatic injury while on the job. The primary intent is to determine whether the injured party was intoxicated at the time of the incident, which could affect their eligibility for benefits.

Key Provisions

  • Mandatory Blood Testing: Medical providers must administer a blood test to individuals who present for treatment of a traumatic injury that occurred within 12 hours prior to treatment. This test is intended to ascertain the presence of alcohol or controlled substances.

  • Testing Protocol:

    • The blood test must be conducted before any medication or substances that could alter the test results are administered.
    • Only qualified medical personnel (doctors, registered nurses, or trained medical technicians) may perform the blood draw using sterile equipment.

  • Refusal to Test:

    • If an individual refuses to submit to the blood test, they and their dependents will be disqualified from receiving any workers' compensation benefits related to the injury.
    • Individuals will be informed both verbally and in writing that refusal to take the test will result in forfeiture of benefits.

  • Exceptions: The bill allows for blood tests to be skipped if the individual is unable to consent due to medical reasons.

  • Liability Protections: Individuals administering the tests are granted immunity from civil or criminal liability, except in cases of gross negligence or willful misconduct.

Impact

  • Workers: The bill directly affects employees who suffer traumatic injuries while working. If they are found to be intoxicated or refuse testing, they risk losing their workers' compensation benefits.

  • Medical Providers: Healthcare providers will need to implement new protocols for testing and ensure compliance with the law, which may involve additional training and resources.

  • Employers: Employers may see changes in claims related to workers' compensation, as intoxication could become a more significant factor in determining eligibility for benefits.

Procedural Aspects

  • The bill was introduced on January 29, 2025, and is currently under consideration by the House Judiciary Committee.
  • If passed, the provisions of the bill are set to take effect on July 1, 2025.

This legislation represents a significant shift in how workers' compensation claims may be evaluated, emphasizing the importance of sobriety in workplace safety and injury claims.

Compiled from official sources — confirm details with the bill’s official record.

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