I was hurt at work by someone else, failed a drug test but I don't do drugs! Can I sue the company or workers comp?

Asked over 2 years ago - Odessa, TX

I was hurt at work when someone else was driving a 4 wheeled vehicle they flipped it and it landed on my right leg, I immediately went to the hospital. The next day they called me in for a drug test to my work and I failed a GCMS drug test for Marijuana, I did smoke it 4 months previously but I had been taking Ibueprofin for pain and I believe that is the reason for the test coming out positive. I haven't smoked Marijuana since February or March of 2012 and the accident happened June 27th.

Additional information

*I talked to workers comp and they are disputing my case, so I am not going to receive any benefits from them unless I go before the Workers Comp Commission.

Attorney answers (3)

  1. Daniel L. Morris

    Contributor Level 12


    Lawyer agrees

    Answered . If your employer is a subscriber to the Texas Workers Compensation system they can deny a claim for drug intoxication regardless of whose fault the accident is. A positive drug screen shifts the burden of intoxication to the injured worker. Therefore, you need to establish that you had to full use of your physical and mental facilities at the time of the accident.

    To meet your burden, you can use statements from a medical provider (preferably a toxicologist) and statements from co-workers or witnesses as to your state of being at the time of the accident.

    I strongly advise you to seek legal representation. There are a good attorneys who handle workers comp claims in west Texas.

  2. Charles Joseph Michael Candiano


    Contributor Level 20

    Answered . To not make admissions in a public forum like this one. You do not have a cause of action relative to this matter.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more
  3. George Ellis Corson IV

    Contributor Level 20

    Answered . You have some issues with your case that will require professional help, and I do not think you can get it in this Forum. You should hire a well-qualified WC Attorney in Texas, and let him/her help you.

    Attorneys are very competitive. Choose the Best Answer so we know who helped you the most.

Related Topics

Types of personal injuries

There are many types of personal injuries for which financial damages can be awarded, including physical, emotional, and psychological injuries.

Work-related personal injuries

Employees can sue for damages if they’ve suffered work-related injuries. These lawsuits are separate from workers’ compensation and cover more kinds of injury.

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