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  • Casual Articles - An Accident at Work & A Failed Urine Test (A Virginia Lawyer's Perspective)

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    rug caused a loss of balance or dizziness (that contributed to the fall from the ladder, scaffold, or roof). Even if it is not the sole factor causing th
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    You have had an accident at work. The Employer immediately sends you for a urine test. The urine test registers positive for a drug such as cocaine or marijuana. Does flunking this test mean you “lose” your claim for any compensation?

    First, the Employer may well try to deny your claim based on the failed urine test. The Employer will probably back this denial by hiring a physician who will claim the drug found in your urine caused or contributed to your accident.

    Second, if the accident occurred as a result of a fall from a height, it may be easy for the Employer to suggest the illegal drug caused a loss of balance or dizziness (that contributed to the fall from the ladder, scaffold, or roof). Even if it is not the sole factor causing th

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    marijuana. Does flunking this test mean you “lose” your claim for any compensation?

    First, the Employer may well try to deny your claim based on the failed urine test. The Employer will probably back this denial by hiring a physician who will claim the drug found in your urine caused or contributed to your accident.

    Second, if the accident occurred as a result of a fall from a height, it may be easy for the Employer to suggest the illegal drug caused a loss of balance or dizziness (that contributed to the fall from the ladder, scaffold, or roof). Even if it is not the sole factor causing th

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    he failed urine test. The Employer will probably back this denial by hiring a physician who will claim the drug found in your urine caused or contributed to your accident.

    Second, if the accident occurred as a result of a fall from a height, it may be easy for the Employer to suggest the illegal drug caused a loss of balance or dizziness (that contributed to the fall from the ladder, scaffold, or roof). Even if it is not the sole factor causing th

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    ed to your accident.

    Second, if the accident occurred as a result of a fall from a height, it may be easy for the Employer to suggest the illegal drug caused a loss of balance or dizziness (that contributed to the fall from the ladder, scaffold, or roof). Even if it is not the sole factor causing th

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    rug caused a loss of balance or dizziness (that contributed to the fall from the ladder, scaffold, or roof). Even if it is not the sole factor causing the fall, the worker still may lose his/her claim if the illegal drug is merely contributes to the fall.

    Third, an illegal drug can remain in one’s system for a long time. This is true even if has been days or even weeks since the drug was used. The unfortunate fact is that the residual drug in one’s system could result in a failed urine test.

    Fourth, many Employers also have a policy stating a failed urine test will mean a termination for misconduct. Thus, even if the accident does not result in disability, it could result in termination of employment for misconduct. It does not matter the i

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