Louisiana workers’ comp lawyers talk to more than their fair share of injured workers. When a potential employee comes into the office and admits that they refused to submit to a drug test after their work injury, it’s a red flag. Your attorney knows the reason you refused the test was because it would come back positive for drugs. If, however, you feel that you are still entitled to benefits, you should call our office and schedule a free consultation.
Your Employer Has the Right to Test You for Drugs
A lot of our clients think their employer doesn’t have the right to drug test them following a work-related accident. The law is behind your employer on this issue. Your employer has every right to protect themselves. If they suspect your accident was drug-related, they aren’t going to pay your claim. If your drug test comes back clean, it’s the best thing for you. Your claim will be approved, and you’ll start receiving your workers’ comp benefits within a couple of weeks.
What Happens if You Refuse the Test?
If you refuse to take a drug test following a work-related accident, your workers’ comp claim will be denied. Your employer isn’t going to pay out a claim when they think their employee was drunk or high at the time of their injuries. If you’re not under the influence, it’s in your best interest to take the test. If you say you refuse on principle, your claim will be denied. Nobody cares about your principles or political beliefs following a work-related accident. Your Louisiana workers comp lawyers won’t be able to do anything to help if you refuse to take the test.
Why Would You Want to Refuse a Drug Test?
Louisiana workers comp lawyers talk to clients all the time who refused to take the mandatory drug test. Most of them declined the test because they knew they would come up positive for an illegal substance. A few others felt that it was their right to refuse the drug. The bottom line is that your employer has every right to require a drug test. By refusing to take it, you cause the spotlight to shine on your possible drug use instead of on your injuries. Your Louisiana workers comp lawyer can try to justify the refusal, but it will be very difficult. You may be able to take a second drug test but that is rare. Anybody can pass a drug test if given enough time to get the drugs out of their system.
Is it Okay if they Find Prescription Drugs in Your System?
Some people assume that their claim can’t be denied if they were using drugs that were legally prescribed to them. The truth is that every case is unique. If the drug test shows that you were using way more than your prescribed dosage, it can hurt your claim. For example, you may be prescribed an anti-anxiety drug called Xanax. You may be instructed to take the drug every eight hours. If you have four or five times the proper dosage of the drug in your system, it’ll be hard to explain. Your employer will claim that you were hurt because you were high and not because of your job duties.
Call Our Office and Speak with a Seasoned Louisiana Workers Comp Lawyer
Getting hurt at work can cause a major disruption in your life. Not only do you have to focus on getting better, but you also need to follow up on your workers’ comp claim. If for some reason your claim is denied, you won’t be in any sort of condition to fight it. What you should do instead is call and talk to one of our seasoned Louisiana workers comp lawyers.
Your attorney will communicate with your employer and their insurance company on your behalf. If you’re still waiting for confirmation that your claim has been approved, your lawyer can get to the bottom of it. If your claim has already been denied, you’ll need to find out why. If you believe it was because you refused to take a drug test, you could be fighting an uphill battle. However, that doesn’t mean your case is dead in the water. Your Louisiana workers comp lawyer may be able to negotiate with the insurance company for payment of your claim. If that isn’t possible, you may have the option of filing suit.
If you aren’t quite sure what to do next, call our office and schedule your free consultation.