If you test positive for alcohol within three hours of a workplace accident, your workers’ compensation claim can be denied. Your claim can also be denied if you test positive for marijuana within eight hours of a workplace accident. Refusal to take alcohol or drug tests within those time frames can also result in a denied workers’ compensation claim.
However, just because your claim was denied does not mean that you cannot appeal the denial and obtain workers’ compensation benefits. Depending on the specific circumstances of your case, it may still be possible to obtain the benefits you deserve.
Our office has successfully recovered workers’ compensation for both injured workers and for the children and spouses of workers killed on the job in cases where the workers were accused of drug or alcohol-use.
At the law firm of Hilley & Frieder, P.C., in Atlanta, Georgia, we have decades of experience representing injured workers. Our attorneys work diligently to protect the rights of our clients and to help them get the medical, lost wage and disability benefits they are entitled to. We can advise you regarding your case, and if necessary, we will aggressively represent you.
As your bodily organs process drugs you have consumed, they produce metabolites, which are the inactive remnants of the drugs. These substances can remain in the blood, generating a positive reading in a drug test even days after the effects of the drug have worn off. Our firm has successfully represented clients who have been wrongly accused of being under the influence of drugs, or when testing has occurred outside the eight-hour time frame, for example at an autopsy. We even had a case where two blood samples drawn from the same dead body produced different test results, so that the judge threw out the test data.
Hilley & Frieder, P.C., will be your strong advocate, working hard to help you get the medical care and benefits you deserve.
To schedule a free consultation with a lawyer about alcohol and drug testing after an injury in Georgia, contact Hilley & Frieder, P.C. We represent clients throughout the state of Georgia from our offices in Atlanta.
Hilley & Frieder can handle all aspects of you case virtually from interview through conclusion. We are open and available to help you. Please view our complete COVID-19 statement to learn more about the steps we are taking to ensure that your case continues to move smoothly in this environment.