Can Your Georgia Workers’ Comp Claim Be Denied Based on a History of Drug Use?
If you suffer a work-related injury, then you should be entitled to workers’ comp benefits. This includes both medical care and replacement wages. In order to file a Georgia workers’ comp claim, you need to show a few things.
First, you need to prove that your injury took place on the job. This isn’t hard as long as your accident happened on company property and you were on the clock when it took place. Second, you have to show that you were following company policy at the time of the accident. If your company has a policy prohibiting drug and alcohol use at work, then you need to show that you weren’t drunk or high at the time of your injury.
When you report your accident to Human Resources, they’ll typically send you out for medical care right away. They’ll either call for an ambulance or someone from HR will escort you to the hospital or clinic. Before this happens, however, your employer may require that you take a drug test. If you refuse the test, there’s a good chance your workers’ comp claim is going to be denied.
If this happens to you, or your claim is denied for any other reason, you’ll need help. You should call and talk to an experienced workers’ comp lawyer right away. They’ll fight to get you the benefits you deserve. And, if you can show that you were not under the influence at the time of your injury, then you should be entitled to benefits. Your Georgia workers’ comp lawyer will fight to get you these benefits.
Why Would Your Employer Know You Had a History of Drug Abuse?
When you are hired at your job, your manager is going to give you a copy of the company’s policies and procedures. In almost every situation, these policies are going to prohibit using drugs or alcohol while at work. So, if you’re caught using drugs and get hurt at work, your claim will not be covered by workers’ comp. This means your medical care won’t be covered and you won’t receive replacement wages.
There are a few ways your employer will know that you have a history of drug abuse. They can also check to see if you were under the influence of drugs at the time of your accident. Some of the information they’ll rely on includes the following:
- Your medical records
- The results of your drug test
- Any recent criminal arrests for drug possession
- Any statements made by you at work regarding a history of drug abuse
- Statements, pictures and comments on social media regarding your drug use
If your employer is claiming that you were high at the time of your injury, you’re definitely going to need a lawyer. Not only can this result in your claim being denied – it can also lead to your termination. If this violated company policy, you might lose your job. With so much at stake, you don’t want to try to handle this on your own. You’re much better having a skilled Atlanta workers’ comp lawyer by your side. They can produce the story from your perspective. They can also try to poke holes in the employer’s claims.
Contact an Experienced Georgia Workers’ Comp Claim Lawyer for Help
When you first get hurt, you may have no idea if your claim will be approved or denied. This is why we recommend that you call an experienced law firm in Atlanta that handles workers’ compensation as soon as your work-related accident takes place. This way, they’re there to handle your claim whether it’s approved or denied. If it’s denied, they can file an appeal or lawsuit if necessary. And, if your claim is approved, they’ll ensure that you get what you’re entitled to. They’ll also make sure you aren’t forced to return to work before you’re ready.
Call today and talk to one of our skilled workers’ comp attorneys in Georgia. Schedule your initial free consultation. Let your attorney know what happened. If you have a history of drug abuse, let your lawyer know. The insurance company will already have this information. Ask your lawyer any questions you might have. They can also give you an idea of what your case might be worth.
The initial consultation is absolutely free. And, you don’t pay a dime until you win or settle your case. Your employer is going to have a team of lawyers working for them. You need to have one working for you as well.
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