In the state of Florida, employers are legally allowed to perform drug testing in order to allow their employees to receive workers comp. However, Payer Law Group in Orlando advises you that drug testing for workers comp has to follow certain guidelines and the results are not always definitive. This means that those who file for workers comp may find out that they are not eligible and simply give up trying to receive compensation at the news. This can be a devastating and unwise move to make. Rather than giving into whatever your employer dictates, there are ways to fight back with the help of the workers compensation attorney Orlando trusts. If you would like to learn more about our services or you would like to see how we can help you, contact us today.
Drug Testing for Workers Comp
In Florida, if employers want to perform drug testing, they must submit themselves to a set of rules. These are the rules that dictate whether or not they are considered a drug free workplace and they are stringent. This is because, if employees qualify as a drug-free workplace, they receive discounts as laid out by the state. The rules for these drug testing standards are laid out in Florida Statute 440.102.
The discounts that are offered to employers are only available to them if they inform the employees of the drug testing and they abide by the requirement to provide education for the alcohol or drug testing. The drug testing can be done for employment purposes but it can also be done as part of a routine fitness for duty exam. However, it has to be done in the circumstances that the employee is filing a workers comp claim.
Did You Test Positive?
There are a number of reasons that an employee may test positive for drugs during drug testing for workers comp. If this occurs to you, you may find that your employer is able to reject your workers comp claim. However, you may not have been engaging in illegal substances and this may seem unfair to you. If that is the case, that is where you may need a lawyer. Prescriptions drugs, especially, can show up on a drug testing exam and make the exam come out positive. It is up to you as an employee to provide proof that you were not taking illegal drugs and that your prescription drugs were the reason for the exam coming out positive. A workers compensation attorney can help you with this.
None of that is relevant, however, if your employer did not provide the notice and education required before a drug test may be performed. If your employer failed to provide you with that notice, you may be able to fight back against their rejection of your claim with the help of a workers compensation attorney Orlando trusts.
Payer Law Group is a workers compensation attorney Orlando trusts and we can get you the help that you need in order to get your workers compensation claim filed and accepted. Contact us to learn more about our services.