Worker’s Compensation – What if my employer drug tests?
Florida state law allows employers to require a drug test for worker’s compensation claims if there is reasonable suspicion to believe that the employee was under the influence of drugs or alcohol prior to a workplace related injury or if the employer has established the workplace as drug-free. The employer cannot demand a drug test in response to a worker’s compensation claim where these grounds do not exist.
Refusing to submit to a drug test will almost invariably result in your worker’s compensation claim being denied. A positive drug screen will also result in the denial of your claim.
If you have had your worker’s compensation claim denied due to a legitimate prescription, the burden of proof tends to be on you. It is important to hire a worker’s compensation attorney immediately.
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If you were injured on the job, notify your employer as soon as possible and contact The Hoffman Firm within 30 days of the incident to discuss your case. Your employer or the insurance company should notify you of your rights and provide treatment through a workers’ compensation physician.
Make sure you keep track of any and all documentation you receive during this time. You should document when the accident happened, the type of injury you suffered, who you notified at your place of employment, and when the notification was made.
If you or a family member were injured at work, contact The Hoffman Firm today. Please do not hesitate to call us and schedule a free consultation. There are NO FEES or COSTS unless you win. What are you waiting for? Call us at (305) 940-2307 today for a FREE consultation.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More