If you get hurt at work, you’ll have to file a worker’s comp claim. This is how you’ll get your medical treatment covered. It’s also the only way you can receive replacement wages. But, in order to qualify for workers comp, you have to meet certain criteria. No matter where you live, just because you get hurt at work doesn’t mean you’re automatically entitled to workers comp benefits. You do have to prove that you were hurt while on the job. You also have to prove that you followed your company’s policy regarding workplace injuries. This usually means you’ll have to take a drug test.
If you refuse to take the test, your workers comp benefits can be denied. This is because your employer shouldn’t have to pay for injuries caused by an employee’s using drugs or alcohol. If you’ve been hurt at work and refused the drug test, your claim will probably be denied. If this happens, you’re going to need to call an experienced workers comp lawyer in Rogers, Arkansas.
Why Would Your Employer Require a Drug Test?
Most employers require their employees to take a drug test before they go off for medical treatment. If they don’t do it right away, the drugs or alcohol will leave your system. This is why they want to do it right away. Some employers do it on site. Other employers wait until you get to the clinic or hospital and they’ll do the drug test there.
It’s not hard to imagine why an employer would require a drug test. For all they know, you could’ve been drunk or high at the time of your accident. If that’s the case, then your injuries are probably due to your being high – not your job. Employers aren’t going to pay for medical treatment and replacement wages if you were drunk or high.
A lot of workplace injuries involve coordination, falls and the like. These are the kinds of injuries that can be caused by inebriation. We’ve all seen people leave the bar and stumble on the street. Just imagine if you’re trying to operate a piece of equipment while under the influence.
Can Your Rogers Workers Comp Attorney Help if You Refuse the Drug Test?
If you refuse the drug test, your employer will more than likely advise the insurance company to deny your claim. They can’t take the risk that you were drunk or high. And, the fact that you’re refusing to take the drug test makes you look worse. They’re going to assume that you were under the influence at the time of your injury. Otherwise, why would you refuse the test?
If this is the reason your claim is denied, your Rogers workers comp lawyer can try to appeal your claim. This will be difficult. There really is no good reason to refuse to take a drug test. Your attorney has to present the insurance adjuster with a good reason for why you refused the test.
Thankfully, your workers comp lawyer had handled many cases just like yours. They also have spent years developing relationships with the insurance companies. They know what it takes to get your claim approved. They’ll work hard to try to get you the benefits you deserve.
What if You Test Positive?
If you fail your drug test, there’s a good chance your claim will be denied. While this isn’t always the case, chances are, you’re going to need an experienced workers comp lawyer in Rogers. If you have a lawyer, at least you have a chance at getting your claim approved.
Just because you tested positive, it doesn’t mean that your claim will automatically be denied. Some companies are still willing to offer medical care, even if they don’t approve replacement wages. Or, they’ll approve your claim on the condition that you go to a drug and alcohol rehabilitation center.
Contact a Skilled Workers Comp Attorney in Rogers
If you get hurt at work, you’ll probably be asked to take a drug test. It’s nothing personal. It’s a way for your employer to protect themselves. If you refuse to take the test, or if you fail, your claim will probably be denied.
If this happens to you, contact an experienced workers comp lawyer in Rogers. They can help you file an appeal of your claim. They’ll also negotiate with the insurance company on your behalf.
Call Jason M. Hatfield, P.A. today and schedule your free initial consultation.