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Alabama Workers Compensation Questions Tested Positive for Drugs

Alabama Workers Compensation Questions Tested Positive for Drugs

Alabama Workers Compensation Questions: Can I bring a workers compensation claim if I tested positive for drugs after a job injury? 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.

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.

If you or a loved one suffered an injury at work and you have questions about your right to Alabama Workers' Compensation benefits, don't hesitate to contact and speak to one of the experienced Alabama Workers Compensation Lawyers at Powell and Denny today.

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Alabama Workers Compensation Questions Tested Positive for Drugs

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