People get hurt on the job every day, but not all of them were using drugs when it happened. In fact, according to the U.S. Department of Labor, more than 2.8 million people were injured while on the job. Thankfully, most people who are hurt at work aren’t seriously injured. They get medical treatment and are back to work in a few weeks. Sadly, there are others who suffer very serious injuries.
They need long-term medical treatment and are out of work for months or even a year. It’s one thing if you’re receiving workers’ comp benefits. However, Carrollton workers comp attorneys meet with workers all the time who are upset that their claim was denied. Whether or not your attorney can help get benefits for you depends on why your claim was denied.
When you get hurt at work, your employer is going to ask you to submit to a drug test. Employers have the right to do this. If your injury or accident was the result of your being intoxicated, then your company isn’t going to want their insurance to pay out any benefits. If you refuse the test, your claim will be denied. If you take the test and it’s positive for drugs or alcohol, there’s a good chance your claim will be denied as well. Depending on the circumstances, your Carrollton workers comp attorney may be able to help.
Every Company Has Its Own Drug and Alcohol Policy
When you get hired at a new company, they give you a copy of the employee handbook. Of course, when people are at orientation, they rarely take the time to read the policies inside the handbook. One of these policies is likely a drug and alcohol policy. In addition to issuing penalties for being caught using or being under the influence of drugs or alcohol, there is almost always a policy about workplace accidents.
Almost every business makes it very clear from the outset that any accident or injury suffered while under the influence of either substance will not be covered by worker’s compensation. Make sure you bring a copy of this policy when you meet with your Carrollton workers comp attorney.
Your Workers Comp Claim Will Probably Be Denied
Whether you test positive for drugs or not, if you appear to be high or drunk at the time of your workplace injury, your workers’ comp claim will be denied. No company is going to want to pay benefits out to someone who was under the influence when they got hurt. When your manager fills out their incident form, they will make a notation of whether they think you’re impaired. They’ll also make sure you take a drug test. If it comes back positive, they’ll advise the insurance company to deny your claim.
What Can a Carrollton Workers Comp Attorney Do to Help?
If your claim is denied due to drugs or alcohol, your Carrollton workers comp attorney has a few options. First, they can prove that the drug was legally prescribed to you. If this is the case, your claim may be approved.
The other option they have is to prove that the accident had nothing to do with your being under the influence. For example, if the equipment you were using malfunctioned or was defective, it may help your case. Of course, there’s no guarantee that they’ll approve your claim. You may still have to file a lawsuit against your employer.
Rehab May Be an Option
Some employers have special policies for workers who have an addiction problem. They may allow you to take time off to go to rehab. However, this is usually an option when there is no accident or injury involved. If you hide your addiction from your employer, they will likely still deny your claim. Or they may approve medical treatment from your accident but deny replacement wages. If this is the case, your Carrollton workers comp attorney will fight to get your benefits approved.
Call and Discuss Your Case with an Experienced Carrollton Workers’ Comp Attorney
According to the U.S. Department of Labor, more than 2.8 million people were injured while on the job. Many workers’ comp claims are denied.
Finding out that your workers’ comp claim was denied is frustrating. Even if it was due to your own actions (such as taking drugs while you’re on the clock) it doesn’t make it any easier to swallow. Without benefits, you may not be able to get the medical care you need. You’ll also have no way to pay your bills. That’s why it’s important that you consult with an experienced Carrollton workers comp attorney immediately after your accident.