Workplace injuries, whether catastrophic or otherwise, may entitle you to workers’ compensation in Atlanta, GA. One of the challenges which you may encounter as an injured employee, however, is failing a drug test. According to state laws, a failed drug test may exclude you from obtaining workers’ compensation, regardless of your injuries.
Nonetheless, making a successful claim even after a failed drug test is still possible. To accomplish this, your workers’ compensation lawyer in Atlanta must disprove the correlation between your injuries and the substance use.
A reliable workers’ compensation attorney in Atlanta can craft a good defense on your behalf. This way, a failed drug test in Atlanta, GA doesn’t need to exclude you from receiving the benefits you deserve.
Pertinent Georgia Workers’ Compensation Laws and the Need for a Workers’ Compensation Lawyer in Atlanta
Strict Georgia state laws require employers who have at least three employees to provide them with sufficient workers’ compensation coverage. Employees should report any accident on the job to their employer after no more than 30 days. Employers must recommend at least six doctors from whom an injured employee may obtain a diagnosis. Typically Included in these procedures is a routine sobriety test and drug test. These tests are done to check for traces of alcohol or drugs in the worker’s body.
The help of a workers’ compensation attorney in Atlanta becomes crucial once you encounter complications on your claims. Perhaps the worst response on your claim is a denial on the part of your employer’s insurance carrier. An insurance company may deny your claim for several reasons, one of which is a positive drug test.
To help appeal your denied claim, you will need to consult with a workers’ compensation lawyer in Atlanta right away.
Asking a Workers’ Compensation Attorney in Atlanta: What If I Failed a Drug Test?
Failing a drug test may significantly affect the outcome of your workers’ compensation claim in Atlanta, GA.
This is one of the common reasons why employers and their respective insurance carriers may reject an employee’s claim. However, it is crucial for the substance use to have occurred immediately prior to or during the accident. The establishment of the relationship between the substance use and the accident is highly important.
This is why you need a workers’ compensation lawyer in Georgia in the event that you fail a drug test.
According to state laws, no compensation may be given to employees who were intoxicated or under the influence of drugs. Even more specifically, however, the law states that the accident should have been brought about by the intoxication itself.
Your workers’ compensation attorney in Atlanta can help establish the lack of correlation between the drugs and your injuries. Furthermore, your workers’ compensation lawyer in Atlanta may question the process employed in conducting the test. These may potentially help your claim in Atlanta, GA.
How to Choose a Workers’ Compensation Lawyer in Georgia
With many workers’ compensation lawyers in Georgia, how do you choose the right one?
Availability and accessibility
If possible, go for a workers’ compensation lawyer in Atlanta who will make time for you. A failed drug test is not an easy complication to deal with. Your workers’ compensation lawyer in Georgia should keep you at ease with his or her constant communication and updates.
Knowledge of Georgia state laws
If it’s your preference, you may work with a lawyer operating in other states. However, a workers’ compensation lawyer in Atlanta, with knowledge of state laws, will have a unique edge. With your workers’ compensation attorney in Atlanta you know you are relying on a counsel who fully understands state regulations.
If possible, hire a workers’ compensation attorney in Atlanta who has handled similar cases in the past. Ask potential lawyers if they have dealt with failed drug tests before. If you decide to work with a lawyer inexperienced in these cases, make sure that they come highly recommended.
Failing a drug test in Atlanta, GA doesn’t automatically disbar you from receiving proper workers’ compensation. Your workers’ compensation lawyer in Atlanta may disprove any connection between the accident and the drug use. Furthermore, your attorney may question the testing process itself so as to invalidate any prior result.
If you are presently working on your workers’ compensation claim in Atlanta, GA, talk to us. Even with a failed drug test, we may still be able to help you. Call (404) 876-4200 to talk with a workers’ compensation lawyer in Georgia at ReisLaw, LLC today.