During these trying times, we remain open, and are ready and able to sign up new clients while fighting for the rights of our current clients. In order to help protect the health of our potential clients, current clients, and staff, we are actively utilizing video teleconferencing and e-sign digital signatures, in addition to phone and email. No matter the distance between us, our priority remains the same – to fight for the best interests of our clients. Please do not hesitate to reach out to us during this time. Don’t let COVID-19 prevent you from getting the justice you deserve.

Can You Refuse to Take a Drug Test if You Get Hurt at Work in Florida?

FREE CASE EVALUATION
Refuse to Take a Drug Test

Most people get up in the morning, go to work, and do their job. All they want to do is get home so they can relax and spend time with their family. So, when someone gets hurt at work, it is frustrating. Not only are they in pain, but they feel like they’re climbing through red tape to get their workers’ compensation claim approved. This shouldn’t happen. But there are times when you can jeopardize your workers’ comp benefits. One of the easiest ways to do this is to get hurt while under the influence of drugs or alcohol. If your employer can prove that you were intoxicated at the time of your work-related accident, your claim is going to be denied.

There really isn’t anything a Lakeland workers’ comp lawyer can do to change this. This begs the question – how would your employer know you were high or drunk at the time of the accident? This is easy – they make you take a drug test. You may think all you have to do is delay or refuse to take a drug test. However, this won’t work. For the most part, anyone who is hurt while on the job must submit to a drug test before they can get treated. If you refuse to take a drug test and your claim gets denied, you’re going to need to talk to an experienced workers’ comp attorney in Florida. While your lawyer can’t promise anything, they will reach out to the insurance company and try to get your claim paid. If this doesn’t work, they’ll file a workers’ compensation lawsuit on your behalf.

Why Would They Suspect You Were Intoxicated?

When people are drunk or under the influence of drugs, they think nobody can notice. They work really hard to hide the fact that they’re intoxicated. However, these things don’t go unnoticed. This is especially true at work. Your manager is going to notice if there’s something off. So will your coworkers. If you are drinking or smoking marijuana, there’s a good chance your coworkers will smell it. And, if you’re using opiates or meth, people are going to see a change in your behavior. This is why your company has a policy that requires you to submit to drug test before you seek treatment for a work-related accident.

Can You Refuse to Take a Drug Test?

One of the first things client tell their workers’ comp lawyers is that they didn’t take the drug test because they felt it was an invasion of their privacy. At the end of the day, this argument is not going to work in court. First, your employer likely had you sign a policy when you were hired that agreed you’d take a drug test if you’re hurt at work. Second, if your employer is going to cover your medical treatment, they have a right to make sure you weren’t high at the time of the injury.

Finally, if the insurance company thinks there’s a chance they won’t have to pay your claim, they’re going to take advantage of that. If they suspect you were drunk or high and you refused to take the test, expect for your claim to be denied. Unless you talk to an attorney right away, there isn’t much they can do to help here. If it’s within a day or two, they may be able to arrange for you to get a blood, urine or hair test. However, as more time goes by, this is harder for them to do.

Contact a Workers’ Comp Lawyer in Florida Right Away

When it comes to your workers’ comp claim, you don’t want to waste any time. If your claim is denied, you need to take action fast. You only have a certain amount of time to file your appeal. And, if your claim is denied because you refused to take the drug test, you may have bigger problems. If there’s a way your lawyer can prove that you weren’t drunk or high at the time of the work-related accident, you may be able to receive your benefits. However, if they can’t do this, you might be facing an uphill battle.

Call our Lakeland workers’ compensation law firm today and schedule your initial consultation. Talk to an experienced attorney now so you don’t waste any time. It could take weeks or months to get a response on your appeal. This means you won’t get any benefits during this time. Rather than let this happen, call and talk to a lawyer right away. The initial consultation is free and you don’t pay a dime until your case is resolved.

Share on facebook
Share on twitter
Share on reddit
Share on linkedin
burnetti logo white
Let's get started with your FREE consultation
burnetti logo white
Empecemos con su consulta gratis