Consulting a Workers’ Compensation Lawyer in Hempstead, NY, when a Claim is Denied for Drug or Alcohol Use

by | May 27, 2016 | Lawyers

A workers’ compensation lawyer in Hempstead, NY, may be able to help someone whose claim was denied because of doing something that is illegal or otherwise prohibited by the company. An example is someone who tested positive for marijuana use after an accident occurred at work. Some companies require drug testing after someone is injured on the job. As of 2016, this drug is still illegal in New York State, except for medical use. The medical provision in the law has stringent requirements, including the person being certified by a health care provider and registering with the State Department of Health.

A second example is doing something that isn’t illegal but is against company rules. Having any blood alcohol content while at work may be prohibited by the company. The organization may not allow any drinking before coming to work or during lunchtime.

In some cases, it may be impossible to prove that the worker actually was using the substance during work hours. People can test positive for marijuana use for several days after they last smoked or consumed the drug, as the active chemical stays in the body for a long time. The worker may state that he or she did not even use the drug but had been in the company of people who were smoking it, which may be a valid defense if nobody can confirm the actual usage.

A workers’ compensation lawyer in Hempstead, NY, will dispute the claim denial for specific reasons. For instance, claim denial may not be valid if the marijuana or alcohol use was not the main cause of the injury. If nobody can verify that the person appeared intoxicated, that undermines the insurer’s stance on the issue. If the action that led to the injury was not entirely out of character for this worker or other people on the job, that also makes the claimant’s case stronger.

An organization such as the Law Office of Steven R. Smith can answer questions and provide legal representation to help the individual begin receiving workers’ comp benefits. Browse this website for more information and contact details.

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