Sustaining an injury while on the job can complicate your employment situation, especially if your employer requests that you do a drug test after the accident. If you fail the test, the workers’ compensation system does not automatically exempt you from benefits. It will, however, make your claim process more difficult.
Marijuana can stay in your system long after the side effects have worn off. So, if you were not impaired at the time of the accident, but your employer requests a drug test from you, your case may become tricky.
According to Georgia workers’ comp laws, your employer must request the drug test within eight hours from when the accident occurred. If the eight-hour time limit has passed before you take the test, it is up to your employer to prove your impairment at the time your injuries occurred.
Understanding Georgia law is important so you do everything necessary within the allotted time and do not reduce your chances of obtaining coverage any further. After your injury accident, notify your employer about the incident immediately, or at the very least within 30 days. Then, fill out Form WC-14 and file it with the State Board of Workers’ Compensation. You will also need to send a copy of the form to your employer and its insurance company.
If the insurance company accepts your claim and you miss work for more than seven days, you should receive two-thirds of your weekly income while you are away from work
Failing a drug test will make your workers’ comp claim more complex, but if another employee caused your accident or there is a way to prove that the drugs did not impact your working ability or cause the accident, an attorney may be able to help prove your case so you receive the coverage the system provides.