If I have an accident at work, but test positive for drugs or alcohol, do I still have a case? | The Nurse Attorney, P.A. | What Most Lawyers Don’t Know, a Nurse-Attorney Does! | Marjorie Chalfant, RN, JD | Steven M. Meyers, Esq. | https://thenurseattorney.com/ | Sarasota/Bradenton: (941) 210-4220 | Orlando: (407) 849-0941 | 8039 Cooper Creek Blvd., University Park, Florida 34201
Yes, you may still have a case, even if you test positive for drugs or alcohol. There’s two types of these cases. The first case is with an employer that has a drug free work place. The second type of case is when they don’t. A drug free work place simply means that the employer has complied with a whole bunch of statues and regulations and given notice to their employees that these regulations are in place. If they’ve done that, which is difficult to do, it’s a very tough case. We can still attack it on grounds that the employer and their insurance company didn’t handle your blood or didn’t do the testing properly. If the employer does not have a drug free workplace in place, then we simply have to prove that the accident would have happened anyway, even though you had consumed drugs or alcohol, it didn’t really make any difference in the accident.