Legal Question in Employment Law in Pennsylvania

i was welding inside of a metal shell and another co worker started to burn a hole through the shell after i advised him that before he start any hot work he should let me know so i can get out of his way. next thing i know sparks and hot slug of burning metal was coming through the shell and as i was attempting to exit the shell the hot slug burned the gas line that i had inside the shell and an explosion occurred and a fire ball inside the shell and i suffered minor burns in my face harms and both legs.the supervisor had to feel a accident report and i went home at the end of the shift.the next day i notice something on my eyes and i went to the company doctor and i was told to go different route because they did not have any eye doctor on their clinic.i left.and asked my wife to Google for any eye clinic around the area so i can go to. went back to the clinic again asking them if they can recommend me some over the counter cream to apply on my skin.i was told that i needed to take a drug test.as i was waiting in the lobby i got a phone call from my wife and i left the lobby to talk a call i was told that since i left the lobby they consider that a refusal to submit the drug test.and my job suspended me pending a termination because they claim that is their policy to drug test everyone involved in accident and is on employee hand book.i went throughout the employee handbook and i did not see such policy.and my question to them was that if was a policy why did the company took use to the clinic and both conduct the drug test immediately after the accident. and if that was the case when i went to work the next day no one ever told me that i needed to go to clinic to submit a drug test only after the medical clinic sent a letter to the company claiming that i have refused to take a drug test.so what do you think i should do?because i feel like if it was a policy why the drug test was conducted in the same night of the accident why wait 2 days to take one.i need your help please!


Asked on 6/07/10, 1:48 pm

1 Answer from Attorneys
Terence Sean McGraw Warren & McGraw, LLC

Consult with a local lawyer that handles work comp and unemployment comp as fast as you can. the consultation should be free. You have a winnable UC claim if you are fired. WC wage claim is more difficult. Employer's obligation to pay for medical care for your work injury is unaffected by your suspension.

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Answered on 6/07/10, 6:28 pm


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