Legal Question in Workers Comp in California

I hurt myself at work, cut my finger, had to have stitches, came home to rest and went back to work the next night. They told me I had to have a drug test before continueing work. I had the drug test done, they said I was dirty but they won't tell me for what or give me a copy of the lab results. They also want my full medical reports for the last year, for medications I have taken.


Asked on 10/08/12, 9:29 am

3 Answers from Attorneys
Alison Gude, Attorney Law Office of Alison J. Gude

I strongly encourage you to consult with an employment law attorney, as well as a workers' compensation attorney as soon as possible. If you are a union member, contact your representative.

Your job is at stake with a dirty drug test and you need a seasoned advocate in your corner.

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Answered on 10/08/12, 10:37 am
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Your employer is trying to blame you for your injury. If you sign the medical release form then they get all your prior records and may conclude that you were a drug addict. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 10/08/12, 2:59 pm
Nancy Wallace Nancy Wallace Atty at Law

ANY PERSON requesting the employer to pay for treatment for a work injury 'opens' their medical history for review.

It's not fair, but it's the law.

I'm presuming you write 'they also want my full medical reports' means an insurance adjuster sent you releases to sign so she can subpena your medical records.

If the EMPLOYER not the Comp Insurance adjuster is demanding the medical records, it appears they are attempting to build a case to deny you Unemployment Insurance benefits before the EDD, attempting to prove you were working under the influence of controlled substances.

If the employer just reported "it was dirty' but did not use it to terminate or suspend you, that's just 'puffing' and it isn't worth a war for the results.

IF THE EMPLOYER TERMINATED YOU and you're ready to apply for UNEMPLOYMENT INSURANCE at the EDD (so long as that finger is healed enough to let you work somewhere for somebody and hasn't rendered to totally disabled), MAKE A WRITTEN NOTE DEMANDING THE THE EVIDENCE AGAINST YOU BE PRODUCED and that you will object to that evidence being submitted at any proceeding in the future if it isn't received in 15 days from the date of the letter.

If you're taking Norco for migraines, THAT's controlled substance and can show up on a drug test... so it might actually help if you produce medical records showing you are taking prescription medication just occasionally and evenings only, proving you are safe to work and not putting your co-workers at risk.

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Answered on 10/09/12, 11:57 am


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