Legal Question in Workers Comp in Georgia

Drug test after the fact

Reported work related injury per policy after going to employee health and then to md i was called back to employee health for a post accident drug screen 5 days after reported accident now the kicker-- i had taken darvocet for leg pain and it showed up on screen i have a feeling they will try to use this against me i had not been to work in 5 days i think according to policy i should have been tested at time of accident not called in 5 days later what should i do?


Asked on 5/18/07, 8:16 am

1 Answer from Attorneys
John Parker The Parker Law Firm, P.C.

Re: Drug test after the fact

You are correct that your employer should have given the drug screen much sooner than 5 days later.

If an employee is intoxicated at the time of an on-the-job injury, an employer may be able to show that the employee's intoxication caused the accident and may not be responsible for the employee's injuries. If a drug test shows an illegal drug or alcohol level above the legal limit, the employer is given a "rebuttable presumption" that intoxication caused the accident, BUT ONLY if the testing was performed within 3 hours of the accident in alcohol-related cases, or 8 hours of the accident in illegal drug-related cases.

Therefore, a drug screen taken 5 days later showing that you had taken Darvocet after your accident should not have any affect on your claim.

If I can be of any further assistance, please contact me at [email protected] or check my website at http://www.parkerlaw.org.

John Parker

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Answered on 5/18/07, 10:06 am


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