Anybody who suffers a workplace accident or illness should have a skilled Charlotte workers compensation lawyer by their side. It’s important that you have someone by your side from the very beginning. You want to make sure your claim is handled properly from day one. You also want someone to advocate for you should your claim be denied. If, however, your claim is denied because you were under the influence of drugs at the time of your injury, it is going to be very difficult to win your case.
Employers in North Carolina have the right to test their employees for drugs if they suffer a workplace illness, accident, or injury. This is typically outlined and explained in detail in the company’s employee handbook. It is also explained when someone is hired by the company.
For people who get hurt while under the influence of drugs, they have two (2) options. First, they can refuse the test. If they do this, there’s a good chance that your workers compensation claim will be denied immediately. Your other option is to take the test knowing that you’ll come up positive. If this happens, your claim is also going to be denied. This is when it’s time to call a skilled workers compensation attorney in Charlotte.
Why Do Employers Test their Employees for Drugs Immediately After a Workplace Incident?
It makes sense that your employer will want to test for drugs if you claim to get hurt on the job. It wouldn’t be fair for them to have to cover your workers compensation benefits if you were high or drunk at the time of your accident. Some people may argue that your being high had absolutely nothing to do with your injury. And that may be true. For the most part, however, employees who are using drugs before or during their accident are at fault. Had they not been high, they probably wouldn’t have gotten hurt in the first place.
The other reason companies need to drug test their injured employees is so that they can send a message to the rest of their staff. No employer can afford to have their workers high while on the job. Not only is it a safety risk – but it can also have a serious impact on performance. Your Charlotte workers comp lawyer understands this. That’s why they’ll tell you upfront – winning this sort of case will involve an uphill battle.
Does it Matter if the Drug Was Legally Prescribed to You?
One question a lot of our clients ask is what happens if they test positive for a drug that they are legally prescribed? There is no simple answer to this question. It really depends on your company’s policies and procedures. You may be required to disclose this sort of information to your manager. It also depends on whether or not you were taking the drug as prescribed. For example, if you are taking pain medication but take two or three times as much as you’re supposed to, it can seriously impact your work. It also puts you at a much higher risk of injury.
Call and Talk to an Experienced Workers Compensation Lawyer in Charlotte, North Carolina
People don’t leave the house in the morning and plan on getting hurt at work. Of course, there are people who intentionally fall or get injured at work so they can collect workers compensation benefits. Thankfully, these cases are few and far between. They also don’t often make it past the first workers compensation threshold. Insurance adjustors and your Human Resources managers are trained to spot these types of cases.
For people who use recreational drugs, dealing with a workplace accident can be difficult. On the one hand, you want to make sure you’re compensated for your injuries. If you can’t work, you’re going to want workers comp benefits in Georgia. However, if your employer finds out that there are drugs in your system, you could be facing multiple problems. Not only will your workers compensation claim be denied, but you could also lose your job or get into legal trouble.
If you find yourself in this situation, you need legal help. Call and talk to an experienced worker’s comp lawyer in Charlotte as soon as possible. If there’s any way to revive or rescue your claim, they’ll find a way to do it. Call and schedule your free, initial consultation. This way, you can find out if you have a remote possibility of having your claim paid. The consultation is free, and you don’t have to pay a dime until your case is resolved or settled.
