A variety of different issues could put workers at risk on the job. Aging safety equipment or a lack of proper training could put professionals at risk of on-the-job incidents. Intoxication while working is another common risk factor.
Professionals working in environments ranging from commercial kitchens to medical facilities can end up hurt at work while under the influence of drugs or alcohol. Others might fail a drug test despite being sober at work. Many businesses participate in the Georgia drug-free workplace program, which mandates testing after on-the-job incidents.
Workers could fail drug or alcohol tests after an injury. Often, professionals who fail drug tests assume that they cannot obtain workers’ compensation. However, some professionals may still be eligible. How can injured employees secure workers’ compensation coverage after failing a drug or alcohol test?
By proving intoxication was not to blame
It is possible to have an incident on the job while under the influence that is not the result of chemical impairment. A professional could get hurt because a coworker made a mistake with a piece of machinery. Their intoxication was not the underlying cause of the incident in that scenario.
Employers have to show that not only did the worker fail the drug or alcohol test, but also that their alleged intoxication was the underlying cause of the incident. Although fault is rarely a concern in workers’ compensation claims, showing that another party was to blame could help the worker get the benefits they need.
By questioning test accuracy
In some cases, prescribed medications for unique medical conditions could cause false positives on drug tests. Other times, workers may have ingested substances on their own time and might then fail a drug test days or even weeks later.
In such cases, it is possible to appeal a denied claim and secure workers’ compensation benefits by questioning test results. Showing an alternate explanation for a failed test or that the test does not prove that the worker was under the influence at the time of the incident could be enough to help them get the benefits they need.
Injured employees anticipating complicated workers’ compensation claims often benefit from getting support as they navigate the claims process. Having the assistance of a legal professional generally makes it much easier for workers to understand their rights and take action when they face a particularly contentious claim.