Legal Question in Workers Comp in Georgia

If you get hit by a truck on the job twice by a work vehicle, taken to the hospital with injuries. Go back to work after the injury the next week on light duty while attending the physical therapy people and doctor. Then two weeks after that you are fired saying a failed the drug test when you were taken to the hospital. Now you have no job no compensation and you are still injured do you have a case? I was told by a lawyer that I was seeing that I didnt have a case even though I was hit on the job because I failed the drug test. This is not fair to me as I was just standing there and hit. So you are telling me someone could hit a someone on drugs and not have to pay. Even though I dont believe I had drugs in my system because I hadnt smoked, the tests from the hospital said that I had .0005 % of THC in my system , you can get that from walking by someone that is smoking.


Asked on 10/07/09, 3:31 pm

1 Answer from Attorneys
Michael Parsons Parsons Law Group, LLC

You are still eligible for workers comp even if you are terminated due to a failed drug test. The presence of THC in your blood does not mean you had any part in causing the accident. If the test was not taken within 8 hours of the injury, the test results would also be inadmissible at a hearing. You still have a workers comp case for sure but you were likely fired for legitimate reasons. If I can help, let me know. Michael 770.422.9000.

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Answered on 10/12/09, 3:43 pm


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