Hurt At Work While Intoxicated? You Can Still Get Benefits in Georgia

Introduction

Workers’ compensation is designed to protect employees who suffer work-related injuries by covering medical expenses and lost wages. However, not all workplace injuries automatically qualify for benefits. One major factor that can impact a workers’ compensation claim in Georgia is whether the employee was under the influence of drugs or alcohol at the time of the accident. In this post, we will explore whether you can still receive benefits if you were intoxicated and what legal options you may have.

Georgia’s Workers’ Compensation Laws and Intoxication

Under Georgia law, specifically O.C.G.A. § 34-9-17, an employee is generally not eligible for workers’ compensation benefits if their injury was caused by intoxication. The law states that if an injury is a direct result of being under the influence of drugs or alcohol, the claim may be denied.

After a workplace accident, an employer has the right to require a drug and alcohol test. If the test comes back positive, Georgia law assumes that intoxication was the cause of the accident. This is known as a rebuttable presumption, meaning the burden shifts to the employee to prove that their impairment was not the cause of their injury.

Can You Challenge a Denied Claim?

Even if you test positive for drugs or alcohol, you may still be able to receive benefits if you can prove that intoxication did not directly cause your injury.

Situations Where a Worker May Still Qualify:

• The injury was unrelated to intoxication – For example, if a piece of machinery malfunctions and causes an injury, the employer must prove that intoxication was the reason for the accident, not just that the worker was impaired.
• Testing was done improperly – If the employer fails to follow proper testing protocols, the test results may be challenged.
• The test results were inaccurate – False positives or other issues in drug testing can be contested.

In these cases, seeking legal assistance can help workers fight for their benefits.

Employer Responsibilities and Testing Procedures

Employers must follow specific guidelines when administering post-accident drug and alcohol tests. A claim may be wrongfully denied if testing procedures were flawed. Here are some key factors that can impact the validity of a test:

• Timeliness of the test – Delayed testing may affect accuracy.
• Chain of custody errors – Mishandling test samples can lead to false results.
• Improper notification – Employees should be properly informed about testing policies and procedures.

If an employer fails to follow proper testing regulations, it may provide grounds to challenge a denied claim.

What to Do If Your Claim Is Denied

If your workers’ compensation claim is denied due to allegations of intoxication, you have the right to fight the decision in a hearing before an administrative law judge.

1. Request a copy of your test results and review any testing procedures.
2. Gather evidence that proves your injury was not caused by intoxication. This includes talking to co-workers who can testify on your behalf.
3. Consult a workers’ compensation attorney who can help challenge the denial and guide you through the litigation process.

Conclusion

While Georgia law strongly discourages workers’ compensation claims involving intoxication, there are exceptions where injured workers can still receive benefits. If you find yourself in this situation, understanding the law and seeking legal guidance is essential to protecting your rights. If your claim has been denied, consider consulting an experienced attorney to help navigate the litigation process and fight for the compensation you deserve.