How Can Drugs or Alcohol Affect Your Florida Workers' Comp Claim?

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How Can Drugs or Alcohol Affect Your Florida Workers' Comp Claim?

November 19, 2020

Under Florida workers’ compensation laws, an employee injured while performing the duties of their job have the right to file a Florida workers’ compensation claim to obtain benefits. While an injured worker is out of work healing from their injuries, they have the right to have their employer’s workers’ compensation insurance provider pay for their medical expenses. Also, if they must be away from work for a specific period of time also reimburse a portion of their missed wages. Florida is a no-fault state which means even if an action you took caused your accident, you can still obtain Florida workers’ compensation benefits. 

Although Florida abides by a no-fault approach, that doesn’t mean that drug or alcohol use while at work will be tolerated under the law. In Florida, the law is clear, and that is if you arrive to work intoxicated on drugs or alcohol and are hurt you will become ineligible for Florida workers’ compensation benefits. When a worker is inebriated and gets injured on the job it isn’t considered a hazard of their job that is responsible for the injuries but that the injuries happened because they were under the influence of a substance. 

When you have questions about how the Florida workers’ compensation system works and if you need help with your claim, call Stephen M. Andrews. Stephen M. Andrews is a Tallahassee workers’ compensation attorney that knows the law and has been fighting on behalf of injured workers in Florida for more than 35 years.

What Happens if You Were Injured At Work While You Were Inebriated in Florida?

How Can Drugs or Alcohol Affect Your Florida Workers' Comp ClaimThere are some businesses that participate in drug-free workplace programs. Drug-free workplace programs are popular for many businesses because these types of proactive safe work environment action by businesses allow for discounts to premiums associated with their required Florida workers’ compensation insurance policies. A business that establishes their work environment is drug-free, it is likely that any new hire will be drug tested and if an injury happens on the job with any employee, the employer can have that employee drug tested after the incident. Positive tests will be a clear, and direct denial of benefits to the employee.

Even businesses that don’t participate in drug-free workplace programs are still within their rights to have a drug test if an accident happens at work and you are injured. When an injured employee is actively receiving benefits from the Florida workers’ compensation system, and a drug test comes back positive during this time, their employer can have the benefits terminated. 

Speak with a Florida Workers’ Compensation Attorney Today

The best advice for workers is to come into work on time, perform the duties associated with their job as well as possible, abide by the rules of the company, don’t have any altercations with other employees, don’t harass anyone, and refrain from being intoxicated on drugs or alcohol while you are working. However, if you find yourself in a situation where alleged drug or alcohol use is prohibiting you from receiving Florida workers’ compensation benefits call Stephen M. Andrews to discuss your situation and see if anything can be done. You can schedule your free consultation with Stephen M. Andrews by calling (850) 906-9599. 

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