As any Ohio injury lawyer knows, every state has their own laws when it comes to workers’ compensation claims. However, the one rule that most every state shares is that you cannot be under the influence of drugs or alcohol at the time of your workplace accident. If your employer can demonstrate that you were under the influence of either drugs or alcohol, they will deny your claim. If this happens, you should call and speak with one of our Columbus workers comp lawyers right away. They will reach out to the insurance carrier and find out why your claim was denied in the first place. They will also gather the evidence they need to file an appeal on your behalf.
One of the requirements for workers comp that is more serious than others is the rule about alcohol and drugs. If your employer can prove that you were under the influence the drugs, they will automatically deny your claim. This is true even if you can show the medication you were taking was prescribed to you. Until your Ohio injury lawyer can demonstrate that the drugs were legal, and you took them the way you supposed to, you will not receive workers compensation benefits.
Ohio Law Does State That You Can’t Collect Benefits if You Are Under the Influence of Alcohol or Drugs
Ohio law lists several requirements that you must meet in order to qualify for workers compensation. These requirements are almost identical state to state. First, you Columbus workers comp lawyer must show that you were involved in a workplace accident. This means the accident took place on company time and on company property. You also must demonstrate that you submitted your claim on time and that included all the necessary information. This is one reason we suggest that you contact an Ohio injury lawyer before you file your claim. They will make sure that all documentation is included and that any backup you need to support your claim is also offered to the insurance carrier.
The best way to prove that you were using legally prescribed medications is to get a letter from your doctor. Your doctor can confirm that you were prescribed certain medication. They can also include information regarding how often you should take the medication. For example, if you take the drug called Xanax, you would not be able to work as a truck driver or common carrier. This is not because Xanax is illegal. It’s because certain medications can cause you to get drowsy or lose your coordination.
You’ll be Required to Take a Drug Test Before You Go Out for Treatment
One thing a lot of our clients tell us is that they refuse to take their company’s drug test. They tell us that they want to cite the 4th amendment’s right against improper searches and seizures. What they don’t realize is that they agreed to the policy on drug testing when you accepted the job. All employees are provided with a copy of the handbook when they are hired, and this is presumptive proof that you’re aware of the company’s policy.
Another tactic we see from some clients is they wait of certain period before they report their claim. They understand that they will be drug tested as soon as they report the injury to their employer. The longer they wait to report their claim, the longer it gives the drug time to get out of the system. While it is certainly not our jobs to monitor the company’s drug testing policy, there is a good chance that you’ll missed the filing deadline and be denied benefits.
Your Ohio Injury Lawyer Must Also Prove That You Were Taking the Medications as Prescribed
One of the toughest parts about proving this kind of case is that it’s very difficult, if not impossible, to prove that you were taking your medications as prescribed. One way you could do this is speak to your doctor and see if they’re willing to confirm that you have never had a problem taking your medications as instructed. There’s also the possibility of having special testing done to see if the doses you had taken previous to the incident at work can be measured separately.
Only certain drugs would raise suspicion. For example, if your blood pressure medication showed up, that wouldn’t hurt your claim. However, if any of the following medications or street drugs appeared in your urine, your claim will be denied:
- Opiates (heroin, pills, fentanyl, etc.)
If you know you took any of these drugs within a few days of your office, you may risk having your claim denied.
Reach Out to One of Our Ohio Injury Lawyer Today
If you were hurt at work and they have denied your claim, you should reach out to a Columbus workers comp lawyer right away. Regardless of the reason for your denial, our attorneys work hard to get you the benefits you deserve. Now, if your claim was denied because your employer claims you were under the influence of drugs, it may be difficult to overcome your denial. Your Ohio injury lawyer we’ll have to submit proof that not only was the medication you were taking prescribed to you, but that you were taking it as prescribed.
Because these decisions are made so quickly, you don’t want to wait too long before you contact one of our Columbus worker’s comp lawyers. You only have a certain amount of time to file your appeal, and your attorney will need time to repair your case. This is why we suggest that you reach out to our office within hours or days of finding out your claim was denied. In fact, ideally you would reach out to us the same day as your accident. This way, your Ohio injury lawyer will be able to help you file your initial appeal. This will ensure that it is the annual property from the start.
Since we do offer new clients a free, initial consultation, it will cost you nothing to meet with one of our seasoned attorneys.