Just because you are injured while at on the job, do not assume you will be able to receive workers’ compensation. While the injury does have to be work related, it is not the only criteria the workers’ compensation insurance companies look at to determine if it is a valid claim and worthy of compensation.
There are other criteria the workers’ compensation companies use to determine whether or not you have a valid claim. These include:
- Were you in violation of any laws or company policies when the injury occurred?
- Were your injuries self-inflicted?
- Did you actually sustain this injury while you were on the job or did it happen away from the job?
- Were you under the influence of alcohol or illegal drugs and as a result you were injured doing your job?
Your employer or the state can require you to take a drug and alcohol test at the time or soon after the injury and you can be denied workers’ compensation benefits if the results of the tests indicate at the time of the accident you were under the influence.
There are specific guidelines that need to be adhered to regarding drug testing. When you were hired, you should have been given a written policy about testing for drug use. Your employer should also provide any necessary emergency medical care if you are injured, even if you were under the influence of drugs or alcohol. Again, it is important to have the drug test administered as quickly as possible after the accident, and a reputable lab should be used to analyze the test.
Your employer still has to prove that the accident was your fault or that the drug use contributed to causing the accident. You should note, though, that you can be fired for using even legal drugs on the job. You will most likely be fired if it is proven you used illegal drugs on the job.
If you are denied workers’ compensation benefits and feel that denial was not justified, a lawyer can conduct an in-depth investigation to determine the validity of their decision. Your attorney will ask you to provide him with detailed information about the accident, including:
- How exactly did the accident occur?
- Did any employees witness the accident?
- Can any employees that normally see you during the day, eat lunch with, ride to work with, testify on your behalf concerning your behavior and demeanor that day?
- If you did, indeed, consume any alcohol or take any drugs, how much and did anyone else see you take the drugs or drink the alcohol?
- If a prescription drug was involved, provide your lawyer with information about the doctor who prescribed the drug
A denial of workers’ compensation benefits can be upheld in court if the employer can prove that you were impaired when you were injured, and the cause of the accident was because you were impaired.
If you feel you were unjustly denied workers’ compensation benefits and have not had success speaking with your employer or the workers’ compensation insurance company, contact a workers comp attorney NY prefers to discuss your situation.
Thanks to our friends and contributors from Workers Comp NY for their insight into work injuries.