Powell & Denny, P.C.
We Work When You Can’t
800-227-0882
Menu
Practice Areas

Huntsville Workers Compensation Lawyers Do I have to take a drug screen after a Job Injury

Huntsville Workers Compensation Lawyers Do I have to take a drug screen after a Job Injury

Huntsville Workers Compensation Lawyers Do I have to take a drug screen after a Job Injury? If you want to receive the Alabama Workers Compensation benefits that you are entitled to receive following a job injury, YES, you do have to submit to a drug or alcohol screen post injury. Failure to do so will estop you from receiving any monetary compensation for the job injury you suffered.

What does a positive drug or alcohol post injury screen mean to your claim for workers' compensation benefits? Well, it doesn't help matters. Taking illegal drugs, or misusing prescription drugs, is against the law--we all know this. If you suffered a job injury because you were under the effects of an illegal drug, or because you were abusing a legally prescribed drug or alcohol, then you are not entitled to workers compensation benefits. No one argues that this is not just.

However, just because you may have tested positive for drugs does not mean that you are automatically disqualified from receiving workers compensation benefits in Alabama. Failing a drug screen is not what would prevent you from receiving benefits; suffering a job injury because you were under the influence of said drugs is what estops you from receiving benefits. Several years ago, the defendant in one of our cases argued that since my client failed a post-accident drug test, my client was not entitled to any benefits. My argument was to give the court the following example: "Hypothetically, say my client had recently smoked marijuana, and later at work the steel beam he was standing on broke, causing him to fall and be injured. It was not the marijuana that caused my client's injury, it was the fact he steel beam he was standing on broke." Using this analogy, the court was able to easily understand that the defendant had the burden of proving that the presence of any illegal substance caused the job injury; if the defendant is not able to prove this, then the injured worker is still entitled to workers compensation benefits.

Additionally, any drug screen must be taken after the job injury was suffered and the test must comply with legal standards. Having a drug test taken 2 days after a job injury will most likely not be sufficient to deny benefits.

If you live in Madison County, you were hurt at work and you have questions about your right to Alabama Workers Compensation benefits, don't hesitate to call and speak with one of the experienced Huntsville Alabama Workers' Compensation Lawyers at Powell and Denny. We would be happy to talk to you and answer your questions.

Powell and Denny: We Work When You Can't

Offices in Huntsville, AL and Hoover, AL

Huntsville Workers Compensation Lawyers Do I have to take a drug screen after a Job Injury

No Comments

Leave a comment
Comment Information

We Wrote the Book

My Alabama
Disability Claim by William Powell & Gregory Denny

Get Your Free Copy

Schedule a Confidential Evaluation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Birmingham Office 1320 Alford Avenue Suite 201 Birmingham, AL 35226-3159 Toll Free: 800-227-0882 Phone: 205-978-2051 Fax: 205-978-2054 Map & Directions

Birmingham Office

Huntsville Office 600 Boulevard South SW Suite 104 Huntsville, AL 35802 Toll Free: 800-227-0882 Phone: 256-705-3510 Fax: 205-978-2054 Map & Directions

Huntsville Office