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Positive Drug Test After Georgia Work Related Injury

• Oct 23rd, 2013



When you are injured at work, workers’ compensation insurance requires a drug test to be performed in order to determine whether or not you were under the influence of any illicit drugs. If you test positive for alcohol within three hours or a workplace accident, your workers’ compensation claim can be denied. A positive test for marijuana within 8 hours of a workplace accident can cause your claim to be denied as well. Also, your workers’ compensation claim can be denied if you refuse to take an alcohol or drug test within those required time limits. Unjustifiably refusing to submit to the drug or alcohol test has the same effect as testing positive for the test.

Under Georgia law, workers’ compensation benefits will also be denied if it is determined that the employee’s injury or death arose from their willful misconduct. This can include intentional self-inflicted injuries, injuries where the employee was attempting to injure another, or injuries resulting from the employee’s refusal or failure to use a safety appliance or apparatus that was supplied to them.

If a workers’ compensation claim is denied because of a failure to pass a drug or alcohol screen, however, the denial may still be appealed to possibly obtain workers’ compensation benefits. If you test positive for marijuana or other controlled substance pursuant to a drug test taken within eight hours of the accident, your case will be denied on the presumption that your injury was caused by intoxication. You will then have the burden of proving that you were not intoxicated at the time of the injury. Even if the positive drug screen is completed within the mandated time period, this only creates a presumption that the accident was related to the consumption of drugs or alcohol. This presumption is rebuttable, meaning that you can present evidence proving that you were not intoxicated at the time of the accident. To discuss the denial of your work injury claim after a positive drug or alcohol screen, call Atlanta workers’ compensation lawyer, Celia Sunne today.


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