- June 13, 2023
- Workers' Compensation
Have you recently failed a drug test after a workplace accident and are now wondering if you can still receive workers’ compensation benefits? It’s a common concern for many employees who have been injured on the job but also happen to fail a drug test.
Fortunately, an Atlanta workers comp lawyer may be able to help you navigate this tricky situation. However, you must be completely honest and upfront with the lawyer, and give them all the information they need to make a decision in your case.
Georgia Law Voids Workers Comp Rights If the Worker was under Influence of Alcohol or Drugs
Under Georgia law, employees who are injured on the job may be entitled to workers’ compensation benefits. However, the Official Code of Georgia 34-9-17 states that if a worker was under the influence of drugs or alcohol at the time of their accident, their employer has valid grounds for denying workers comp benefits.
Your employer and their insurance company will argue that your injury occurred while you were under the influence and therefore should not qualify for benefits.
However, if you do fail a drug test after being injured at work, it doesn’t necessarily mean you won’t receive any benefits. An experienced Atlanta workers comp lawyer can take several approaches to secure your workers comp benefits.
The Atlanta Workers Comp Lawyer Can Challenge the Validity of the Drug Test
If you have failed a drug test after suffering a workplace injury, all hope is not lost. An experienced Atlanta workers comp lawyer can help challenge the validity of the drug test and potentially save your case.
There are many factors that could lead to an inaccurate drug test result, such as faulty testing equipment or improper handling of samples. Your attorney can thoroughly investigate the circumstances surrounding your drug test and determine if any mistakes were made.
Additionally, the drug test must have been taken within 8 hours after the workplace accident. Usually, the employer will indicate that you have to take the test before you go to the hospital for treatment. But, in case there is some confusion and you are actually subject to the test more than 8 hours after being injured, the results are likely irrelevant.
Don’t give up hope just because you failed a drug test after getting injured on the job. Contact an Atlanta workers comp lawyer who can help challenge the validity of the results and fight for your rights as an injured worker.
Your Failed Drug Test Can Be Explained By Drugs Prescribed by a Doctor
If you failed a drug test after an on-the-job accident, it may not mean that you were under the influence of illegal substances. It is possible that the positive result was due to prescription drugs prescribed by your doctor.
Many legal prescriptions can trigger positive results for controlled substances in drug tests. For example, painkillers and anti-anxiety medications often contain opioids or benzodiazepines, which are both classified as controlled substances.
It’s important to inform your employer about any prescription medications that you’re currently taking and provide proof from your doctor. This information can help explain why you tested positive for certain drugs.
However, even with a valid prescription, there may still be some challenges in proving innocence. Some employers might argue that the medication impaired your ability to work safely or claim that it wasn’t taken correctly according to instructions.
That’s where an experienced Atlanta workers comp lawyer steps in to defend you. We know how to gather evidence and build a strong case on behalf of clients who have failed drug tests due to legitimate medical reasons.
Evidence Can Prove that Your Accident Was Not Caused by Your Being Under Influence
If you have failed a drug test after a workplace accident, it does not necessarily mean that your workers’ compensation rights are void. One of the ways an experienced Atlanta workers comp lawyer can help you is by proving that your accident was not caused by being under the influence of drugs or alcohol.
There are several types of evidence that can be presented to prove this argument. For example, if there were witnesses who saw what happened during the accident, their testimony could be used to show that you did not appear to be impaired at the time.
Furthermore, if there is video footage from security cameras or other sources showing how the accident occurred and demonstrating clearly that it was not caused by any impairment on your part, this would also work in your favor.
It’s important to note here though; gathering such evidence requires legal expertise which only a skilled attorney possesses. Therefore, hiring an experienced Atlanta workers comp lawyer should be one’s next step after failing a workplace drug test.
It Is Not Advisable to Refuse a Drug Test after a Workplace Accident
After a workplace accident, it is common for employers to request that employees take a drug test. Some workers may be tempted to refuse the test, but this is not advisable. Refusing the test can have serious consequences and may even impact your ability to file for workers’ compensation.
Firstly, refusing the drug test will likely result in immediate termination. Employers have every right to conduct drug tests on their employees after accidents or incidents occur on the job site. If an employee refuses to comply with these requests, they risk losing their job and any potential legal rights they may have had.
Secondly, refusing a drug test can also lead to suspicion of guilt. In some cases, employers may assume that you are hiding something by failing to take the drug test. This suspicion could follow you even if you were not under the influence at the time of your accident.
It is strongly recommended that employees do not refuse when asked by their employer to take a post-accident drug screening as doing so could negatively impact several aspects of their employment status including termination from work and loss of worker’s compensation claims rights among others.
Contact an Experienced Atlanta Workers Comp Lawyer as Soon as Possible after a Failed Drug Test
Failing a drug test after a workplace accident can have serious consequences on your ability to receive workers’ compensation benefits. However, with the help of an experienced Atlanta workers comp lawyer, you may be able to turn the situation around and obtain compensation for medical care costs and replacement wages.
It is important to act quickly and contact a skilled attorney as soon as possible after receiving notice of a failed drug test. With our in-depth knowledge of Georgia’s workers’ compensation laws and experience handling similar cases, we can guide you through the legal process and help ensure that you receive the full extent of benefits available to you.
Remember: you don’t have to face this unpleasant situation alone! Schedule a free case review with an experienced Atlanta workers comp lawyer by calling 470-518-5026!
