Workers Compensation Case if I test positive for drugs or alcohol

ByChristopher Le

Many times, after you are injured on the job, the employer may ask that you do a urinalysis or a blood test to test if you were intoxicated at the time of your worker related injury. If you do test positive, there is a strong likelihood that your workmans comp claim will be denied. So what do you do if your case is denied? It’s important that you talk to a lawyer to see what rights you have. Just because you tested positive doesnt always mean your case is dead in the water. You may still be able to pursue it depending on other considerations. Depending on what day the drug screen was done, will determine if you or the workers comp insurance carrier carriers the burden of proof. If the burden lies with the injured worker, then the injured worker has to prove that they had the normal use of their physical abilities and their mental abilities at the time the injury occurred. There can be some very important things with respect to your case, so it’s very important that you talk to an attorney if your claim is denied for testing positive for any type of illegal substance.

 

Christopher Le is the Founder of the Law Offices of Christopher Le. Born and raised in San Antonio, Texas, he became the first Vietnamese American in his family to become an Attorney. He takes pride in representing the working person against big insurance companies and feels that our system of justice guarantees equal rights to all citizens. He also fights for those who are no longer able to work due to a disabling condition file for social security disability benefits. Christopher comes from a hard working family who came to the United States with very little.