My husband got hurt at work, he took his UA at tge lubbock hospital, were the lady told him he failed it only for what the hospital has gave him....workers comp papers were sent to him, hes filled out plenty of paper work, seen treating drs and now 3 weeks later workers comp is saying his UA came back totally diffrent from what it was at the hospital.
Once there is a positive drug screen the burden shifts to the injured worker to demonstrate he had the use of his mental and physical faculties at the time of the event. This is a difficult burden to overcome but it is not impossible. You definitely should discuss this with a workers' compensation attorney as soon as possible. There will be evidence to develop before a hearing may be had; however, any delay is going to delay the payment of monetary benefits and the ability of your husband to obtain medical treatment so I would not hesitate and would seek out a workers' compensation attorney in your area as soon as possible. You may use the find attorney tool on this website and thereby find a workers' compensation attorney in the Lubbock area that can help you.
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I agree with Mr. Rodriguez, your husband needs to consult a Worker's Comp attorney there in Lubbock because he now has the heavy burden of proving the injury was not the result of him being under the influence of something. Best of Luck.
(licensed only in Mississippi; this answer is for educational purposes only and by no means creates an attorney-client relationship)
You need an attorney! You can search for an attorney through this site, by clicking the "Find a Lawyer" tab at the top of this page, and then searching for a workers compensation attorney in your state and local area. Find one that offers a free initial consultation. Best of luck to you.
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You need to get legal assistance right away. Your attorney can help you get the proper medical attention and make sure our legal rights are protected. You need to see a copy of the UA. What did your husband test positive for? Once you know, a doctor can help determine if the positive findings were from medications or from another source. Mr. Rodriguez practices in your area and he would be able to go over any of your questions.
You will need an attorney. Mr. Rodriguez is going to be your best bet. It sounds like the drug screen may have come back positive. In addition to the advice already offered, I would just add that you should attempt to contact any people at work that had time to observe your husband on the date of injury to see if they would be prepared to give a witness statement indicating that your husband possessed the normal use of his mental and physical faculties on the date of injury. This form of evidence can overcome a positive drug screen in some cases. Best of Luck.
My first question is: Did the workers' compensation carrier dispute the claim? If so, on what basis? In Texas, the carrier is required to dispute the claim or any portion of a claim on a form called a PLN-11. A PLN-11 is titled: "NOTICE OF DISPUTED ISSUE(S) AND REFUSAL TO PAY BENEFITS." If the carrier is disputing your husband's claim based on the defense of intoxication, then the carrier will have to write that down on a PLN-11. In addition, the PLN-11 will state what the intoxicating substance is, if any. Before answering your question, I would want to know what the PLN-11 says. If the carrier has raised an intoxication defense, there are ways to attack it. First I would need to know what the intoxicating substance is before addressing how to attack it.
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