Can Your Employer Prove You Were Drunk or High at the Time of Your Workplace Accident in Baton Rouge?
When you start a new job, they almost always go over the company’s workplace injury and accident policy. Of course, a lot of employees don’t pay a lot of attention to this policy. They can’t imagine that they’ll ever get injured on the job. And, if they do, they certainly can’t imagine why their workers’ comp claim would be denied. For the most part, workers’ compensation claims are approved. Unless your employer has a good reason to deny your claim, the insurance company will pay it. However, there are times when your employer has no choice but to deny your claim. Some of the reasons are based on technicalities. For example, you may have received medical treatment from someone other than a company approved doctor. Other times, your claim is denied for good reason. If you were drunk or high at the time of your accident, there’s a very good chance that your claim will be denied.
You’re better off having an experienced workers’ comp lawyer in Baton Rouge handle your claim. They know how to deal with insurance adjusters. They also know how to negotiate with your employer to negotiate the best possible outcome.
Most Workplace Accidents are Covered Under Workers’ Comp
Normally, if you get hurt at work, your medical treatment would be covered by workers’ compensation insurance. You should also receive replacement wages while you recover from your injuries. In order to qualify for workers’ comp, you must meet the following criteria:
- Your injury took place while you were on the clock
- You were working within the scope of your employment
- You followed all company policies regarding workers’ comp
- You were treated by the company approved doctor
- You followed all your doctor’s recommendations
- You weren’t under the influence of drugs or alcohol at the time of your accident
If you meet all of these criteria, you should start receiving your benefits within a week or two of your injury.
Why Would Your Claim Be Denied in Louisiana?
Most workers’ compensation claims are actually approved. However, if your claim is denied, it’s probably for one of the following reasons:
- You didn’t file your claim by the due date
- Your employer doesn’t think the injury happened at work
- There could be a clerical error on the claim paperwork
- You didn’t follow protocol or didn’t wear personal protective equipment at the time of your injury
- You got hurt on purpose in order to collect workers’ comp
- You were drunk or high at the time of the accident
Generally speaking, your Baton Rouge workers’ comp lawyer can appeal your claim. However, if you were drunk or high at the time of your accident, there’s a good chance your appeal will be denied as well.
You Can Be Ordered to Take a Drug Test
Almost every employer reserves the right to drug test their employees if they report a workplace injury. Most policy and procedure handbooks specify this. The employer has a right to do this. Even if they don’t typically drug test their employees, when it comes to workers’ compensation, they have more liberty to do so.
If you refuse to take the test, your claim will most certainly be denied. Your employer wants the test done immediately. Otherwise, they know that the drugs or alcohol will disappear from your system. They want to test you right away to get a good idea of whether you were drunk or high at the time of your accident.
Your Employer May Offer Substance Abuse Treatment if You Were Drunk or High
Some employers have more lenient policies when it comes to drug related accidents and injuries. For example, some companies have programs in place where employees can qualify for workers’ comp if they agree to go to substance abuse treatment. However, this isn’t a guarantee. Your Baton Rouge workers’ comp lawyer will check your company’s policy to find out if they offer this benefit.
Contact a Workers’ Comp Lawyer in Baton Rouge, Louisiana
If you got hurt at work and your claim has been denied, call and speak with an experienced workers’ comp attorney in Baton Rouge. Your lawyer can find out why your claim was denied. They can also negotiate with the insurance company to arrange for payment of your claim.
Call Babcock Trial Lawyers today and schedule your free initial consultation. Your attorney will fight to get you the compensation you deserve. The consultation is free and you pay nothing until you settle your case.