• Jan
    19
    Posted in:
    Posted by: Jarve Kaplan Granato Starr

    Were You Drug Tested after a Construction Site Accident? Your Rights may have been Violated

    Anybody who has ever been injured on the job knows that the experience can quickly turn into a real nightmare. Not only do you have to deal with all of the issues related to the injury itself – the pain, the doctors appointments, the treatments and rehabilitation, the missed work and the costs – but you also have to deal with filing for workers’ compensation. As if the process and the paperwork weren’t enough of a bureaucratic maze, there is also the reality that your employer is likely to get annoyed with you for filing your claim. In some cases, they may even retaliate or try to make your life more difficult in order to avoid having to pay for your medical bills or days’ off. Retaliating against an injured employee who files for workers’ compensation benefits is illegal, and so is trying to prevent injured workers from filing, but some companies try anyway, and one of the ways they do so is by making injured workers submit to drug tests. If you were drug tested after a construction site accident, your rights may have been violated. At the law firm of Jarve, Kaplan, Granato & Starr, we are here to provide you with the legal protections you need.

    At first glance, being required to take a drug test after being involved in a construction accident may seem like no big deal, or even standard operating procedure, but it may in fact be used as a way to prevent injured workers from reporting a work-related incident. If an employee has been taking drugs and they do not want their employer to know it, then the knowledge that they have to submit to a drug test would definitely deter them from filing a claim. In recognition of this, OSHA’s has interpreted its own rules regarding electronic reporting of workplace accidents as prohibiting the use of automatic drug testing, saying, “To strike the appropriate balance here, drug testing policies should limit post-incident testing to situations in which employee drug use is likely to have contributed to the incident, and for which the drug test can accurately identify impairment caused by drug use.…”

    What this means for an employee who has been injured in a construction accident is that if there is a chance that the accident could have been caused by you having been on drugs, then it is reasonable to ask you to submit to a test. But if there is no relationship between what happened and the possibility that you might be on drugs, then being asked to submit to the test may have been used as a deterrant against your filing a claim, and therefore would be a violation of your rights.

    To ensure that your rights are being protected and that you get the compensation that you deserve, you need an experienced attorney working as your advocate and representative. Contact the law firm of Jarve, Kaplan, Granato & Starr, LLC today to make sure that you get the compensation and fair treatment that you deserve.

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