Failed Drug Tests

Let's not be naive, a lot of people use illegal recreational drugs, some once in a while, and some more often. This is not a place for me to make moral judgments on what people should and should not do in their lives. The reality is that a good many of you may fail a drug test after being legitimately injured on the job, when you were absolutely NOT impaired by any drugs that may still be in your system. If you fail your drug test, you most likely will still have a strong Workers' Compensation case against your employer and their insurance company.

First of all, the drug test has to be given within EIGHT HOURS of the injury. If the test is given after the eight hours, then the burden is on your employer to show that the drugs in your system caused your injury. In most work injuries, the drugs in your system did not cause the injury. Why should your WC claim be denied if you took drugs outside of work several weeks before the injury? Even if the drug test was given within the eight hour window previously mentioned, if you were NOT IMPAIRED at work at the time of your injury by the drugs in your system, we will prevail in pursuing a WC case for you.

Two perfect examples of this: You are driving for your job, sitting at a red light when you are slammed from behind. How would drugs in your system have anything to do with being injured in this scenario? They don't. The accident and injury was totally the fault of someone else and the failed drug test should have no bearing on your case. A second example is working in a warehouse. You are pushing a cart full of merchandise minding your own business, just doing your job, when a co worker driving a forklift, not paying attention runs you down from behind. Again, in this scenario, the drugs in your system did not cause your work injury.

Now every situation with a failed drug test is very fact specific but in the overwhelming majority of cases with failed drug tests, the insurance company will eventually have to pay you because it is very difficult to show that drugs in your system were the direct cause of your work injury. Your employer may fire you after you fail your drug test. That is their right, if they want to have a drug free workplace, however, even if you are fired for failing a drug test, your employer and their insurance company WILL STILL HAVE TO PAY your workers' compensation claim.

So do not despair if your workers' compensation claim is denied for failing a drug test. If you are really injured, we will still make a VERY STRONG case for you.

Frequently Asked Questions For Workers Comp

Q: If I get hurt on the job, what do I need to do?

A: An injured worker MUST report a work injury to their Employer within 30 days of being injured.

Q: Do I have a choice about the Doctor I go to see?

A: If you were injured on the job, and do not like the Workers' Compensation doctor you are seeing, you are entitled to a one time change of doctors on your Employer's list of WC doctors.

Q: What if I was fired from my job, but I’m still injured?

A: If you have been fired from the job that you were injured at, you will still have a good workers' compensation case against your former employer if you are still injured.  (In other words, your WC case is by no means over, just because you have been fired from that job).

Q: What happens if  my case was denied?

If your Workers' Compensation case is being denied in whole or even in part, contact the Law Office of Perry Ellis immediately.  (The longer you wait to pursue a case, the more difficult it can be to win)  DON'T DELAY!!

Q: When do I need to file a claim?

A: You MUST file a claim form (called a WC-14) with the State Board of Workers' Compensation within the following:  1) a year of when you were injured.  2) a year of when you started missing time from work as a result of your injury.  3) a year of when your employer last paid for your medical treatment.  Your employer or their insurance company will NOT file this form.  It is the injured workers responsibility to file a claim form in a timely manner.  We can walk you through this process!

Q: Why can’t I handle my Workers Comp case myself?

A: There are many rules, regulations and deadlines under the Georgia Workers' Compensation Act that a lay person would have no idea about. We KNOW what doctors you WANT to see for a WC injury, and what doctors you DO NOT WANT to see for a WC injury.

Do not try and "handle" a Workers' Compensation case yourself.  This could prove fatal to your potential case.  If you have been injured on the job, contact the Law Office of Perry Ellis sooner rather than later.  


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