Workers' Comp Q & A: Post-Injury Drug Tests

Gerber & Holder Attorney Ben Gerber talks about post-injury drug tests and how the law comes into play regarding workers' compensation claims.

[@greenleaf9307]

I was injured on the job today. Made my manager aware via voicemail an hour after incident. He called me back 4 hours later and I told him I took a Tylenol and am icing my injury and I’ll get back to him tomorrow to let him know how I feel and he said ok but if I want to see a doctor tomorrow he has to file workers comp and he has to personally take me to the doctor.

[@davidburk7329]

My home Depot store in California tried to drug test me as a post accident drug test. 2 weeks after the injury I got hurt loading cases of tile with another worker who could attest that there was nothing I did wrong

[@daddygreat1]

I'm in this situation right now as we speak, I got hurt around 4pm lifting a box (Lumbar strain), got tested the next day more than 8 hours after the injury, tested positive (THC) and my claim was denied.

[@bygerber1]

Give us a call and we can discuss your options

[@jorgemoncivais4078]

@@bygerber1 Hi we are going through something similar my dad is a truck driver he fell cleaning out his trailer and was on the floor for 45 minutes he was paralyzed he couldn’t move right now they said he broke four bones on his neck they already operate him everything went well but now they say that work comp is not going to give him more money he was getting 600 a week my sister came today to go pick up his three checks and they told her that that’s the last one because of work comp he was dirty off marijuana, cocaine and fentanyl But we know that my dad is not a drug attic maybe he got in a party we don’t know but the fentanyl come from the ambulance they told my sister but now they they are saying that maybe he already had fentanyl And his system he is in Augusta Georgia and we are from Laredo Texas we can’t afford to be going all the way over there plus The doctor said that the best medicine for him is to talk to him family members my mom is there with him right now we are Pitch in our family so she could be there with him can you please help us we just want him close to us like Texas because we can’t afford to Go see him like every day thanks God bless

[@hectorsoto9327]

I had a serious concussion idk if I was drug tested or not I was unconscious but they drew blood at the hospital I guess that was the drug test and I am 100% sure I was clean because I am receiving medical benefits and lost wages my question is will I be drug tested again??