In workers' compensation matters, many times the employer will request a drug test after an accident. Obviously, their intent is to deny a case based on an intoxication defense. Intoxication can take many forms. It can consist of alcohol, medications that are prescribed, medications that are not prescribed, and street drugs. For a drug defense to be successful, the employer must have a written drug policy that you must receive and understand. Also, a medical doctor must say that you were intoxicated at the time of the accident.
Many times these drug tests are not properly done and are not timely. Also, an intoxication defense does not defeat your claim if the intoxication was not a contributing factor in the accident. There are cases and cases on these intoxication defenses and insurance company is allowed to pursue them with lots of technical statements. Rather than explain all the technicalities of split urine samples and blood samples, please call the law firm today and we can answer all your questions and see if we can help you at Schwartz Law Firm in locations like Metairie, New Orleans, and Baton Rouge!
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