Workman’s Compensation Lawyer .\u00a0Workers\u2019 compensation insurance is in place to make sure employees get paid if they get hurt on the job. While this coverage can include a wide range of injuries and scenarios, it doesn\u2019t quite cover every injury just because it happened at work or while you were working.<\/p>\n
And it may not cover you if you fail a drug test. Here\u2019s what you need to know:<\/p>\n
Not Quite No-Fault<\/p>\n
The most important question in a workers\u2019 comp claim is whether or not the injury was \u201cwork-related.\u201d But that doesn\u2019t mean it\u2019s the only question. Workers\u2019 compensation coverage doesn\u2019t always apply regardless of who was at fault for the accident. Compensation can be denied if:<\/p>\n
The injuries were self-inflicted;
\nThe employee was violating a law or company policy;
\nThe employee was not on the job at the time of the injury; or
\nThe employee sustains injures as a result of intoxication or illegal drug use.
\nStates or employers can impose drug and alcohol tests on and injured employee, and can deny workers\u2019 compensation benefits if tests show the employee was under the influence at the time of the accident.<\/p>\n
Testing, Testing<\/p>\n
There are some rules to the drug testing, and what it can mean, however. An employer should have and disseminate a written policy regarding drug testing beforehand, and provide any emergency medical care that is necessary, regardless of the test results. That said, tests should be administered as soon as possible after the accident and sent to a reputable lab for analysis.<\/p>\n
And if you fail the drug test, your employer may still have to prove that the accident was your fault or was related to your drug use \u2014 state laws can vary depending on the insurance system. But you should be aware that your employer might be able to fire you for legal drug use, and can almost certainly fire you for (federally) illegal drug use. -findlaw<\/p>\n
If you\u2019re thinking of filing a workers\u2019 compensation claim, or have had your claim denied for any reason, you should talk to an experienced workman’s compensation lawyer\u00a0near you. Contact Charleston’s most trusted personal injury firm, Clekis Law Firm.<\/p>\n
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