Any workers comp lawyer in Augusta will explain that, if an employee gets hurt at work, they need to file a worker’s comp claim. Employers in Georgia are required to carry workers compensation insurance. This covers any injuries or illnesses sustained by their employees. Of course, certain industries are more dangerous than others. This means that certain workers are at a greater risk of getting hurt.
People who work in construction are at a high risk of getting injured on the job. The work with heavy and dangerous equipment. They also tend to work from great heights. If they fall and suffer a neck or back injury, they should expect their employer to take care of them. Other industries such as the oil and gas industry can be quite dangerous. When an oil or gas worker leaves the house in the morning, they know there’s a chance they won’t make it home.
Regardless of the type of work you do, there’s always the chance that you could suffer a work-related injury. If you’re under the influence of drugs or alcohol, this risk is exponentially higher. A workers comp lawyer in Augusta will tell you that’s why employers almost always require their workers to take a drug test before they are treated for their injuries. If you refuse this test, there’s a good chance your claim will be denied. If this happens, you really need to talk to an experienced worker’s comp lawyer in Augusta, Georgia.
Drugs and Alcohol Increase the Risk of a Workplace Accident
There’s no denying the fact that someone under the influence of alcohol or drugs is more likely to get hurt than someone who is sober. In fact, according to OSHA, a lot of accidents every year involve someone who was under the influence of one substance or another. Drugs and alcohol impair a person’s ability to safely do their job. By requiring employees to submit to drug tests after a workplace accident, companies are actually promoting a safe and healthy work environment.
If an employee tests positive for drugs, there’s a good chance their workers comp claim will be denied. The employer will have evidence that, but for the drug or alcohol, the worker never would have gotten hurt in the first place. Your Augusta workers comp lawyer can argue against this finding. Depending on the facts of your case, they may be able to show that you would have gotten hurt no matter what. For example, if your company doesn’t have safety precautions in place, you may be able to demand benefits. Or, if the drug in your system is something legally prescribed to you, it may not be enough to disqualify you from collecting benefits.
Will Your Claim Automatically Be Denied if You Test Positive?
Augusta workers comp lawyers understand that, if you do test positive, there’s a good chance your claim will be denied. However, it’s not fair to say that this is always the case. Every case is unique, and every employer has their own rules. However, even if your employer wants to honor your claim, the insurance company may have something different in mind. If you test positive for illegal drugs, it’s going to be hard for your workers comp lawyer in Georgia to argue your case. There’s no reason for the drugs to be in your system. If you cannot produce a legal prescription for the medication, you won’t have a leg to stand on.
For example, some people are prescribed drugs like oxycodone or Xanax for legitimate reasons. However, these drugs invariably tend to lower your reaction times. They can also make you drowsy or unable to concentrate. If you’re taking these medications, you may be creating an unsafe workplace for yourself and others. Your claim may be denied. However, your August injury attorney will do their best to fight to get your benefits approved.
Contact a Skilled Workers Comp Lawyer in Augusta, Georgia
If your workers comp claim in Augusta has been denied, you need to call a skilled lawyer. Whether it’s denied because you were under the influence of drugs or its denied for any other reason, you need help. Call and talk to a skilled workers comp lawyer in Augusta sooner rather than later. They can make sure your claim is handled properly from the start.
The initial consultation is free. Call and schedule yours today. And remember – you don’t pay anything until your case is resolved. Your employer will have lawyers working for them and you should too.
