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Kobal Law

Can You Refuse To Take A Drug Test After A Workplace Accident In Florida?


Generally, workers who get hurt on the job are entitled to compensation for their injuries and losses. However, under Florida law, a worker’s intoxication at the time of the workplace accident can jeopardize their claim.

For this reason, it is not uncommon for employers to order alcohol or drug testing after their employees report work-related injuries. The employer’s insurance company is likely to deny a worker’s claim for compensation if there is evidence of intoxication.

But can workers refuse to take a drug test following their on-the-job injury? After all, without the test results, your employer would not know whether or not you consumed alcohol or drugs before the accident occurred.

If you refused to take a drug test and your claim was denied, consider speaking with an attorney to discuss your rights and options. At Kobal Law, our Tampa workers’ compensation attorney helps injured workers obtain the compensation to which they are entitled.

Will Refusing to Take a Drug Test Hurt Your Workers’ Compensation Claim?

Often, our attorney Jason Kobal receives phone calls from clients whose workers’ compensation claim has been denied after their refusal to take a drug test. Many of them say that they felt that the drug test infringed on their right to privacy.

What many of them do not realize is that most employers require their workers to sign an agreement that requires workers to take a drug test whenever they get injured at work. In that case, you may violate the terms of the employment agreement or the company policy if you refuse to take a drug test after your workplace accident.

Thus, it is fair to say that your refusal to take a drug test after suffering an on-the-job injury could hurt your workers’ compensation claim.

If your employer or their insurance company suspects that you were under the influence of alcohol or drugs when the workplace accident occurred, your claim is likely to be denied.

Consider contacting an attorney if you believe that your employer violated your rights when they required you to take a drug test after a workplace accident. Even if your claim was denied, you might still have a chance to appeal the denial of your claim with a skilled lawyer on your side.

Contact a Tampa Workers’ Compensation Attorney

Seeking workers’ compensation benefits following a workplace accident can be tough, especially if your employer or their insurance company suspects that you were under the influence of alcohol or drugs at the time of the accident or were otherwise at fault for your injury.

Before you refuse to take a drug test, consider consulting with an attorney to discuss your options. Your lawyer may be able to help you prove that you were not drunk or high when your workplace accident occurred, even if the test shows that you were intoxicated.

Sometimes, drug tests can be wrong or inaccurate. Schedule a case review with our attorneys at Kobal Law to talk about your specific situation. Call 813-873-2440.

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