Legal Question in Workers Comp in Ohio

drug screening at hospital

does workens comp have to prove that you were ''high'' at work when an accident happens. my son was hurt at work, loss of 2 fingers, and unfortunately the night before, he had partied a little too much. when they do the drug test at the hospital, what exactly are they looking for?


Asked on 9/05/08, 8:26 am

1 Answer from Attorneys
David Davies Law Office of David H. Davies

Re: drug screening at hospital

Your son's accident is most unfortunate. The only tests that should be needed would be to determine whether he was under the influence of alcohol or drugs at the time of the incident. The presence of alcohol or drugs in an amount that is too small to have effected his ability to perform his job safeley should not be a problem from a WC stand point.

Loss of fingers is a serious injury. was he asked to use equipment that was unsafe? Was there a guard that had been removed to make the machine faster and easier to use? The answer to these questions could effect your son's rights. I highly recommend that you have direct contact with an attorney on this claim.

I have been dealing with injury claims for over 30 years. I will be happy to discuss this with you or your son. Feel free to give me a call or email me contact information. No charge or obligation for the call.

Good Luck.

DHD

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Answered on 9/05/08, 1:37 pm


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