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What happens if you are injured but fail the drug test?

In most cases, if you are injured on a Georgia worksite, you will be required to take a drug test. This test can be used to determine if you were at fault in the incident. You probably know that workers' compensation rules are pretty strict. You have to file your report within so many days to get your expenses covered. You may have to undergo an independent medical exam. You have to fill in all the right papers. If you make one misstep it can delay your case or even lead to it being thrown out. So, if you fail a drug test, what will happen to your workers' compensation?

According to the Georgia State Board of Workers' Compensation, your workers' compensation benefits can be denied if you test positive for drugs after an accident. It is considered willful misconduct, which is something not covered under this type of insurance. In other words, your own actions are assumed to have contributed to your accident. You may be tempted to then refuse to take the drug test, thinking you might be able to delay it. However, the law is pretty clear on this point, too. If you refuse to take the drug test, you are automatically assumed to be under the influence, and your benefits are immediately denied.

If you test positive or refuse to be tested, you will have the burden of proving through convincing evidence that you were not responsible for your accident. You must prove that even if you were not on drugs at the time, the accident still would have occurred. This information is only intended to educate and should not be interpreted as legal advice.

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