Yes, you should contact a Georgia workers' compensation lawyer as soon as possible if you fail a drug test after a work-related accident. You may be eligible for workers' compensation benefits, but a failed drug test may complicate your claim.
What a Failed Drug Test Means for Your Workers' Comp Claim
Your workers' compensation claim may not legally be denied just because you failed a drug test. Your claim should only be denied if:
- The drug test was done within eight hours of the accident. You can't simply refuse to take the test and then argue that the test was done outside of the eight-hour window allowed by law. Refusing to take a drug test has the same effect under the law as failing a drug test.
- Drugs or alcohol contributed to your injuries. Once you test positive for alcohol or drugs, you have the burden of proving that your accident was not caused by being impaired due to drugs or alcohol. You have the right to recover workers' compensation benefits if you can prove that the accident would have happened regardless of whether you were under the influence of drugs or alcohol.
You deserve to be treated fairly, even if the insurer seems eager to deny your claim.
How a Georgia Workers' Compensation Lawyer Can Help if You Fail a Drug Test
An experienced Georgia workers' compensation attorney can ensure that you are treated fairly if you test positive for alcohol or drugs after a work-related accident. Depending on the unique circumstances of your case, your lawyer may:
- Challenge the test's validity. Your lawyer will consider the kind of test used, how it was administered, when it was administered, and whether there were any issues regarding the chain of custody of the sample provided, to determine if it produced reliable results within the time required by law.
- Gather evidence about the cause of your accident. Surveillance video, witness testimony, or other documentation may prove what happened to you had nothing to do with whether you had any alcohol or drugs in your system.
- Fight for your fair benefits. Our Georgia workers' compensation attorneys know the law, and we know how insurance companies work. We will present evidence and arguments to protect your right to receive the workers' compensation benefits that you deserve.
Don't delay taking the necessary actions to protect your rights. Please contact us today by completing our online contact form or calling us at 404-355-2688 to schedule a free, no-obligation consultation workers' compensation claim review.