- November 26, 2022
- Workers' Compensation
When you first get hired at a new company, they give you a ton of paperwork to read and sign during orientation. One of the forms you sign is a copy of your employer’s workplace accident policy. This policy will outline how long you have to report your injury. It will also require you to take a drug test prior to going out for treatment.
Now, our Atlanta workers comp lawyers understand why you wouldn’t want to take a drug test. It may feel like an invasion of privacy. Or you may be taking prescribed medications, but you don’t feel that it’s your employer’s business.
When it comes to qualifying for workers’ compensation in Georgia, you don’t have much of a choice. Your employer is entitled to know if you were under the influence of drugs when you got hurt. If you were, they shouldn’t be required to cover your medical care. If you refuse to take the test for any reason, you can expect the insurance carrier to deny your claim immediately.
Your Employer Has the Right to Drug test You
Since your employer is the one who will be footing the bill for your medical care and weekly benefits, they have a right to know if you were under the influence of drugs when you got hurt. It wouldn’t seem fair to make a company pay medical bills for somebody who wouldn’t have gotten hurt had they not been using drugs.
A lot of people argue that being on drugs had nothing to do with the workplace accident. You could very well take the drug test and have it reveal that you smoked marijuana two weeks before. Or, while we would never condone this, you may be a recreational cocaine user, but it had been days since you had used any.
It’s very difficult when these are the explanations you have to come up with to get your client workers’ compensation benefits. If your claim was denied because you refused a drug test, the chances of winning an appeal are slim.
Our Atlanta workers comp lawyers try to avoid cases like this. Unless you have a valid reason for why you refused to take the test or a valid reason for why your test came back positive, there won’t be much we can do to help.
One of the Main Requirements for Workers’ Compensation is That You Weren’t Under the Influence of Drugs or Alcohol
It would be one thing if your claim was denied because you forgot to enclose a certain form or document. That’s something that your workers’ compensation attorney in Atlanta could easily fix. The same is true if your claim was denied because you wanted to get a second opinion from a different doctor. These are things that our associates can fight on your behalf.
However, when you admit that you didn’t take the drug test because you knew it would come back positive, you don’t leave your attorney with a lot of wiggle room. There may be no defense we present for you.
You’ll Have a Very Hard Time Getting Your Claim Approved
Of all the reasons why your workers’ compensation claim could be denied, this is probably the worst. One of the reasons this is the case is that you’re not just looking at having your claim denied.
If your test comes back positive, or you refuse to comply with your company’s drug testing policy, you could be fired. This means you could be looking at a serious injury and have no way to cover the medical care as well as having no income.
Even if you didn’t test positive, it will still be hard to overcome your refusal to take the drug test. When you refuse to take the test, your employer is going to assume that you are under the influence of drugs. Why else would you refuse the test?
This is a question you’ll need to answer for your workers’ compensation attorney in Atlanta. They will need this information if they have any chance of winning your appeal. Unless we can show that you were taking legally prescribed medication, there’s no real way to explain your behavior.
Meet With an Experienced Workers’ Compensation Attorney in Atlanta Right Away
If you were recently injured at work, you’re probably waiting to hear back about your workers’ compensation claim. If you know you qualified for workers comp, you may simply be waiting for your benefits to kick in.
If, however, you have a feeling it will be denied, you should call a skilled workers’ compensation attorney in Atlanta right away. The sooner you get your Atlanta workers comp lawyer, the sooner they can try to get your claim approved.
The hardest type of denial to appeal is one that involves drugs or alcohol. When you refuse to take the test, your employer is going to assume that you are under the influence of drugs. Why else would you refuse the test?
This is a question you’ll need to answer for your workers’ compensation attorney. Unless you have a valid reason for why you refused to take the drug test or a valid reason for why your test came back positive, there won’t be much we can do to help.
We recommend that, regardless of the reason why your claim was denied, you call our office and schedule your free, initial consultation.
