Facing a workers’ compensation claim in Georgia can be a stressful situation if your benefits require you to take a drug test and you need clarification on the drug testing laws. This guide explains why a workers’ comp drug test in Georgia may be requested, when it must be carried out, and how you can respond to the results.
Whether you’re questioning the timing of the drug test, your right to refuse, or how to handle a failed drug test, we’ve laid out all you need to know. If you want to challenge a failed workers’ comp drug test, you’ll need professional legal guidance from seasoned Atlanta workers’ comp lawyers like those at Win Big Law. The workers’ compensation lawyers at Win Big Law have years of practice and have recovered over $1 million in settlement awards for injured workers just like you.
Contact us at Win Big Law today if you’re an injured worker being required to take a workers’ compensation drug test in Georgia, and let our attorneys fight for your rights.
Why Your Employer May Request A Drug Test Following a Workers’ Compensation Claim
Georgia law allows employers to request drug tests after a workplace injury to check if drug or alcohol use played a part in the incident. If the results show positive, it could affect your ability to get workers’ compensation benefits. Georgia workers’ compensation law might reduce or completely deny your benefits if drugs or alcohol were a key reason for the injury.
Employers use drug tests to ensure the safety of the work environment and the legitimacy of workers’ compensation claims.
How Long Do Employers Have To Request A Drug Test Following A Workplace Accident in Georgia?
Under Georgia law (O.C.G.A. 34-9-17), employers must conduct drug tests within specific time frames following a workplace accident to determine the presence of alcohol or controlled substances in an employee’s system. The statute specifies that:
- For alcohol, the test must be conducted within three hours of the incident to establish a rebuttable presumption that the injury was caused by alcohol if the blood alcohol content (BAC) is 0.08 grams or greater.
- For marijuana or other controlled substances, the test must be done within eight hours of the accident. Detecting any amount of these substances creates a rebuttable presumption that the injury was influenced by drug use.
Failing to comply with these time constraints can affect the employer’s ability to deny workers comp benefits based on intoxication.
Can You Refuse A Drug Test Following A Workers’ Comp Claim?
Refusing a drug test can significantly impact your workers’ compensation claim in GA. According to Georgia law (O.C.G.A. 34-9-17), if you unjustifiably refuse to submit to a drug test, there will be a rebuttable presumption that the accident and any injuries or death were caused by the consumption of alcohol or the use of marijuana or a controlled substance.
This presumption severely weakens your workers’ comp claim and could lead to its denial. Understanding the consequences of refusal directly affects your eligibility for benefits and the outcome of your workers’ compensation case.
What Happens If You Fail?
Failing a drug test in Georgia does not mean you will automatically lose your workers’ compensation benefits. Under the same Georgia law, if you test positive for alcohol, marijuana, or controlled substances within specified time frames, there is a rebuttable presumption that your injury was caused by substance use.
However, you can contest this presumption if you can prove that substance use was not the primary cause of the accident. This often requires a robust legal defense, making it essential to have seasoned workers’ comp attorneys on your side to challenge the results and advocate for your rights.
Understanding Your Rights If You Fail A Drug Test
If you fail a drug test, Georgia law entitles you to challenge the results. You can question the accuracy of the testing method, the handling of your sample, and whether the testing protocols were followed correctly. Additionally, you have the right to request a retest using a portion of the original sample at a different laboratory.
This allows you to verify the initial results and ensure that the testing process is conducted properly. Exercising these rights protects your interests and ensures fair treatment under the law.
Types of Drug Tests You May Be Asked To Take
Urine Tests
Urine tests are the most common method used in workers’ compensation cases due to their non-invasiveness and effectiveness in detecting recent use of various substances. These tests can identify the presence of drugs and alcohol in your system, which may be indicative of use within the last few days.
Employers favor them for their ease of administration and quick turnaround time for results, making them essential for the timely processing of workers’ compensation claims.
Blood Tests
Blood tests are utilized for their high level of accuracy in measuring the specific levels of substances present in the bloodstream. This type of testing provides a detailed snapshot of the employee’s physiological state at the time of the accident, making it useful for determining the degree of impairment.
Although blood tests are more invasive and costly than urine tests, they are harder to contest in terms of accuracy during legal battles.
Breath Tests
Breath tests are primarily employed to assess alcohol consumption by measuring the amount of alcohol in the breath (BAC). This test is most commonly associated with roadside checks for impaired driving but is also applicable in workplace settings following an accident.
Breath tests offer immediate results and are effective in establishing the presence of alcohol, making them a valuable tool for employers needing to ensure workplace safety and compliance with Georgia’s workers’ compensation laws.
Challenging A Positive Drug Test: Steps You Need To Take
If you receive a positive drug test result following a workplace accident in Georgia, you have several options to challenge the findings. Understanding the steps you can take will help protect your rights and potentially overturn an unfavorable result.
Confirm The Results & Request To Retest
First, verify the accuracy of the initial test results. You have the right to request a retest using a portion of the original sample, typically conducted at an independent laboratory. This step is important because errors can occur in handling or processing the original sample, and retesting can safeguard against false positives.
Review The Testing Procedure
Examine the method and circumstances under which the original drug test was conducted. Ensure that the testing follows all prescribed standards and protocols. Errors in test administration, such as improper sample collection or contamination, can be grounds for disputing the results.
Consult With Your Employee Handbook
Your employer’s handbook may contain specific policies and procedures related to drug testing and workers’ compensation claims. Review these policies to understand your rights and the employer’s responsibilities. This can provide insights into any potential procedural errors or deviations from the stated policies.
Document Everything
Keep detailed records of all communications and actions related to the drug testing process and your injury claim. This documentation should include dates and times of tests, names of personnel involved, and copies of written notices and results.
Seek Legal Counsel
Consulting with a workers’ compensation lawyer will provide you with an understanding of your legal rights and options after a failed drug test. Legal expertise is crucial if the drug test result is contentious or if there are complexities in your case. A seasoned lawyer can help you navigate through the appeal process and work to secure the workers’ compensation benefits you deserve.
Contact Win Big Law for a Free Legal Consultation Today
If you have failed a drug test following a workplace accident or need assistance with any aspect of your workers’ compensation claim, Win Big Law is here to help. Our workers’ comp attorneys can provide the guidance and advocacy you need to protect your rights and benefits.
Get a free legal consultation for your workers’ comp case.
