Suffering an injury at work can be a disconcerting and agonizing ordeal. Be it a fractured bone, slip-and-fall incident, or strain from lifting heavy items - work-related injuries can throw your life into disarray and leave you struggling to make ends meet. Therefore, understanding your legal rights and alternatives when seeking compensation for injuries is essential for seeking justice and getting through these tough times.
Unfortunately, alcohol and drug consumption can have negative consequences on your work injury case, so it's essential to be aware of the legal repercussions.
Workers' compensation laws differ by state but generally aim to provide benefits to employees injured on the job. Unfortunately, if you were under the influence of drugs or alcohol during your injury, getting compensated can prove a difficult battle.
Employers or insurers may argue that your substance abuse caused or contributed to your injury, disqualifying you from receiving benefits. Florida statute 440.102 states that employers can require testing and if drugs or alcohol are detected in an employee's system, they may be terminated and forfeit any eligibility for medical and insurance benefits - this is known as the "intoxication defense," which can prove challenging in court.
If you have a substance abuse history, it can significantly hinder your case. For instance:
If you have a history of substance abuse, it's essential that you be open with your attorney and provide as much detail about the situation as possible. Here are some tips for protecting your legal rights and maximizing compensation:
If you've suffered a work-related injury, it is essential to understand the legal repercussions of substance abuse and how this could impact your case. By working closely with an experienced personal injury attorney like Rue & Ziffra, you can protect your rights and maximize compensation. Don't let substance abuse stop you from receiving assistance - reach out today for a complimentary consultation with Rue & Ziffra!
Alcohol and drug abuse can significantly impede the process of proving your case, lead to accusations of partial responsibility for the injury, and potentially result in denial or reduction of compensation.
This defense is used by employers or insurance companies to argue that an employee's substance abuse caused or contributed to their injury, so they are ineligible for workers' compensation benefits.
Substance abuse can make it harder to provide an accurate account of what happened, leading to accusations that the injury wasn't caused by a workplace accident, and be used against you as evidence for partial fault which could reduce workers’ compensation benefits.
Seek treatment for your substance abuse issues, be honest with both your doctor and attorney about the history, adhere to the treatment plan recommended by your physician, and work closely with an experienced personal injury attorney as you navigate the legal system to build a strong case.
An experienced personal injury attorney can guide you through the legal system, provide insight into substance abuse's legal repercussions, and build a strong case to safeguard your rights and maximize compensation.
Examples include a construction worker denied workers' compensation benefits after falling from a scaffold while under the influence of marijuana, and a truck driver whose compensation was reduced after causing an accident while taking prescription painkillers.
Substance abuse can cloud your judgment and memory, making it harder to provide a coherent account of what happened - which is essential for proving your case.
Receiving compensation after an accident that was caused by intoxication can be more challenging. Employers or insurance companies may use the intoxication defense to argue that you were partially at fault. Working with a knowledgeable personal injury attorney is recommended for successfully navigating this complex issue.
To book a complimentary consultation with Rue & Ziffra, contact us directly through our website or by phone to discuss your work injury case and its potential impact of substance abuse on your claim.