What to Do if Accused of Intoxication After a Tampa Workplace Accident
After a workplace accident, you may be accused of intoxication. This might come as an unwelcome surprise, especially if your employer has no real evidence to back up their allegations. However, it is something you should take seriously. If you don’t approach this situation carefully, you could face issues with your workers’ compensation claim (assuming you’re injured). To learn more, speak with an experienced Tampa workers’ compensation lawyer.
Understand the Stakes
First, you should take a moment to understand what you’re up against. Normally, all workers’ compensation claims are “no-fault.” In other words, you do not have to prove that someone else caused your injuries. This is not the same as a personal injury lawsuit, and you also don’t need to worry about your own contributory fault. In other words, you can file a workers’ comp claim even if you caused your own accident.
However, intoxication represents an important exception. If it becomes clear that you were intoxicated at the time of your accident, you may be barred from pursuing compensation. This means that if you face these allegations after an accident, you must disprove them if you want to cover your missed paychecks and medical bills.
Should I Comply With a Drug or Alcohol Test After a Workplace Accident?
Your employer may ask you to take a drug or alcohol test after a workplace accident. This may be part of your company’s policies, and you may have no choice but to comply. Refusal could be a violation of your employment contract, and it may lead to various consequences.
That being said, you might want to speak with an experienced lawyer before complying with a drug or alcohol test. This test might not be mandatory, and it doesn’t make sense to incriminate yourself unnecessarily.
One notable exception is an on-the-job accident involving a car crash. If you drive for a living, you might be required by law to take an alcohol or drug test. This goes beyond any employment contract or company policy, and it is a requirement based on Florida law.
How to Push Back Against Allegations of Intoxication
Note that you may be able to avoid consequences if you prove that you were not “impaired” while working. For example, you might have had a beer at a restaurant with your meal during lunch. If you return to work and an accident happens, you might be able to argue that a single beer was not enough to cause noticeable impairment.
Can a Workers’ Compensation Lawyer Help Me?
If you were accused of being intoxicated after a Tampa workplace accident, you might want to speak with an experienced lawyer. This is a serious allegation, and it may require you to take active legal steps to avoid consequences. That being said, you should not give up on a successful workers’ compensation claim – and you may still be able to pursue compensation for lost income and medical bills. To learn more, contact The Franco Law Firm today.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.09.html
