Drug or Alcohol Impairment and Georgia Workers' Compensation Claims
Workers who suffer on-the-job injuries are usually entitled to workers’ compensation benefits to cover medical bills and lost wages. However, employers sometimes try to deny claims by arguing that the accident happened because the worker was impaired by alcohol or drugs.
If your employer claims you were drunk or on drugs when your workplace injury occurred, an experienced lawyer at Parsons & Associates, P.C., in Atlanta may be able to help you get the benefits you deserve.
Call or contact us online today for a free review of your case and answers to questions such as:
- Can my employer deny workers’ compensation benefits if I was drunk or on drugs at the time of my injury?
- What should I do if my employer rejects my workers’ compensation claim because of intoxication or drug impairment?
- How can a lawyer help if my workers’ comp claim has been denied due to intoxication or impairment?
Effects of Alcohol and Drugs on Workers’ Comp Claims
After a workplace accident, an employer may require an injured worker to submit to tests for drugs and alcohol. Refusal to be tested may create a presumption that the injury was caused by impairment. This may result in a denial of your workers’ compensation claim unless you are able to show that you were not hurt as a result of drug or alcohol use.
If a drug or alcohol test indicates that you had something in your system, this does not automatically mean that your claim is invalid. If the injury was not related to the impairment, you may still be entitled to receive the benefits provided to injured workers under Georgia law.
If you were not actually impaired at the time of the incident, then your injury may be covered. For example, a positive drug test at the time of the injury does not mean that you were actually on drugs when you got hurt. Traces of marijuana and other drugs can remain in your system for 30 days or more.
Some prescription drugs can also stay in your system and may result in a “failed” drug test even though you were not actually impaired at the time of your injury.
What to do if Your Workers’ Comp Benefits are Denied Based on Impairment
If your employer denies your workers’ compensation claim by arguing that you were impaired at the time of the injury, it is up to you to show that alcohol or drug use did not play a role in your work injury.
A lawyer from Parsons & Associates, P.C., can help you gather the evidence necessary to successfully appeal a workers’ compensation claim denial. For example, an attorney may help you to:
- Interview witnesses who will testify that your injury occurred due to job tasks and that intoxication was not a factor.
- Find experts – such as medical professionals and accident reconstruction specialists – who will testify that alcohol or drugs did not play a role in your accident.
- Review company safety policies and workplace policy manuals to demonstrate that you were not in violation of workplace rules on drug and alcohol use.
- Present evidence that the drugs in your system were not causing impairment at the time of your injury.
The sooner you contact a workers’ compensation lawyer, the sooner we can start building your case and help you overcome your employer’s defenses.
Get Help if Your Comp Claim was Denied due to Drugs or Alcohol
A workers’ compensation lawyer can provide valuable assistance if an employer denies a work injury claim based on alleged drug or alcohol use.
Workers’ compensation is usually the only way to recover benefits from an employer after a work injury. You deserve to have the best chance at being awarded the benefits you need and deserve.
With offices in Atlanta and Savannah, Parsons & Associates, P.C., has more than 18 years of experience standing up for injured workers. Contact us today to speak directly with attorney J. Michael Parsons about your legal options.