Tested Positive in post injury drug screen, do I still have a claim?

Tested Positive in post injury drug screen, do I still have a claim?

The attorneys of Powell and Denny both have over 30 years of experience handling Alabama workers compensation claims, and we have had a lot of cases where the injured worker “failed” a post-injury drug screen test.  Most tested positive for marijuana, but some of our clients have tested positive for cocaine, opioids or other drugs

Yes, taking illegal drugs or misusing prescription medication is against the law, and if a worker suffered a work injury because they were under the effect of a drug-then their claim is barred by law-as they should be.  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.  The job accident that led to the job injury has to be caused in part by the worker being under the influence.  They lost their balance and fell, were high and did something to caused a workplace injury, something like that-but being under the influence has to be a causative factor in the accident and subsequent injury.

I have made the following argument in Court when the workers’ compensation carrier’s attorney filed a Motion to Dismiss the lawsuit because our client tested positive for some type of drug: “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 the steel beam he was standing on broke.” Using this analogy, the judge 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.  This is an example of how having an experienced Alabama Workers Comp Lawyer can be invaluable.

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 1-2 days after a job injury will most likely not be sufficient to deny benefits.

If you have suffered a work injury and been told that you cannot bring an Alabama workers compensation claim because you failed the post injury drug screen and you have questions about your rights under Alabama Workers Compensation laws, please do not hesitate to contact and speak with one of the experienced Alabama+ Workers Comp Lawyers at Powell and Denny today for a free consultation; and remember, virtual appointments are available through Zoom so you can meet with one of the attorneys of Powell and Denny from wherever you live.

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Offices in Huntsville, AL and Birmingham, AL

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Powell and Denny have been selected as one of the Best Law Firms by U.S. News and World Report for each of the last 9 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 5 years, have been selected by The National Advocates as one of the Top 20 Workers’ Compensation Firms (plaintiffs) and Powell and Denny, P.C.-has been selected as one of the “Best of the Best” law firms by The American Registry and included in the list as one of the Mid-South’s Super Lawyers.

Mr. Denny is AV rated by Martindale Hubbard (the highest rating possible) and Mr. Powell has been rated as Superior by The National Registry

+ Powell and Denny have successfully represented injured workers from Birmingham, Huntsville, Florence, Muscle Shoals, Tuscumbia, Athens, Decatur, Town Creek Ardmore, Hartselle, Madison, Toney, Scottsboro, Ft. Payne, New Hope, Guntersville, Albertville, Boaz, Ashville, Anniston, Gadsden, Cullman, Jasper, Gardendale, Morris, Kimberly, Centerpoint, Leeds, Tarrant City, Fairfield, Hueytown, Bessemer, Adger, Tuscaloosa, Cordova, Alabaster, Pelham, Harpersville, Opelika, Phenix City, Montgomery, Clanton, Calera, Enterprise, Monroeville, Mobile, Evergreen, Centreville, Brent, West Blocton, Woodstock, Brierfield, Lakeview and towns and cities in between.

 

Tested Positive in post injury drug screen, do I still have a claim?