Being hurt in the workplace can be quite stressful. Knowing that you can obtain medical treatment and wage benefits by filing a workers’ compensation claim will alleviate some of your stress. Workers’ compensation, in general, is a no-fault insurance scheme for employees who are hurt. You should be eligible for workers’ compensation benefits if you are injured in the workplace. In contrast to a personal injury claim, claims of contributory negligence do not prevent you from collecting full benefits for a work-related accident. Go to www.fitzpatricklaw.com to learn more.
Do you have to take a drug test to get workers’ compensation?
When you start a new job, you are given a copy of the Employee Handbook. A section on job injuries will be included in this handbook. It specifies what you must do in the event of a working accident. It will state the following:
- Who do you need to notify about your injury? This is usually your boss or the Human Resources manager.
- How much time do you have to report the accident?
- Where can you seek medical attention? This is nearly always a doctor who the company has approved. If you are treated by someone else, your workers’ compensation claim will be denied.
- Whether or not you are required to take a drug test.
Almost all employers need a drug test before you can be treated for your injuries. This would safeguard your employer if you were under the influence of alcohol or drugs during your injury. If you deny a drug test, your claim will likely be dismissed.
Many people believe it is unethical for your employer to require you to take a drug test. They do this, though, for their own and your safety. If you are under the influence of alcohol or drugs, your treatment could be compromised. It will also affect whether you are eligible for workers’ compensation benefits. If you deny a drug test or test positive, contact an experienced workers’ compensation lawyer immediately.
What should you do if you fail a drug test after being injured at work?
If your employer or its workers’ compensation insurance carrier denies your claim due to a failed or refused drug test, you should immediately consult with a workers’ compensation lawyer. You must understand your legal rights and the measures you must take to fight a claim denial.
Drug tests are not without flaws. If you fail a drug test, you may be able to dispute the results. Speak to an experienced attorney for more help.
