Comments on: Worker’s Compensation in Texas: Does drug test failure legally result in denial of claim? http://workers-comp-rights.com/worker-q-a/workers-compensation-in-texas-does-drug-test-failure-legallyresult-in-denial-of-claim/ Workers Compensation Rights News and Information. Stay Informed, Know Your Rights. Wed, 08 Feb 2012 20:44:32 +0000 hourly 1 http://wordpress.org/?v=3.1.2 By: Chris K http://workers-comp-rights.com/worker-q-a/workers-compensation-in-texas-does-drug-test-failure-legallyresult-in-denial-of-claim/comment-page-1/#comment-9929 Chris K Sun, 08 Nov 2009 06:44:02 +0000 http://workers-comp-rights.com/6458/worker-q-a/workers-compensation-in-texas-does-drug-test-failure-legallyresult-in-denial-of-claim#comment-9929 I don't know Texas law specifically, but here goes. It depends on the situation. If you were injured due to being under the influence (causation/ proximate cause of the injury), this could be construed as reckless conduct on your part and the claim will be properly denied. If you were just sitting at your desk after having smoked a joint and a piece of the ceiling fell onto you out of no where, then workers' comp claim could be valid. Remember, your rights to workers' comp is generally dictated by the legally relevant insurance contract between the employer and insurance carrier and relevant workers comp statutes. Whether you can obtain compensation depends on whether you committed any acts that would rise above negligence (insurance typically is meant to cover negligent acts, but obviously not reckless/ intentional acts). I don’t know Texas law specifically, but here goes.

It depends on the situation. If you were injured due to being under the influence (causation/ proximate cause of the injury), this could be construed as reckless conduct on your part and the claim will be properly denied.

If you were just sitting at your desk after having smoked a joint and a piece of the ceiling fell onto you out of no where, then workers’ comp claim could be valid.

Remember, your rights to workers’ comp is generally dictated by the legally relevant insurance contract between the employer and insurance carrier and relevant workers comp statutes. Whether you can obtain compensation depends on whether you committed any acts that would rise above negligence (insurance typically is meant to cover negligent acts, but obviously not reckless/ intentional acts).

]]> By: Heather V http://workers-comp-rights.com/worker-q-a/workers-compensation-in-texas-does-drug-test-failure-legallyresult-in-denial-of-claim/comment-page-1/#comment-9928 Heather V Sun, 08 Nov 2009 05:55:46 +0000 http://workers-comp-rights.com/6458/worker-q-a/workers-compensation-in-texas-does-drug-test-failure-legallyresult-in-denial-of-claim#comment-9928 If it is an illegal drug, then it doesn't matter if you are high or not--it is a crime to take it. With workers comp you can not sue you can appeal but with a positive drug test you will not win the appeal If it is an illegal drug, then it doesn’t matter if you are high or not–it is a crime to take it. With workers comp you can not sue you can appeal but with a positive drug test you will not win the appeal

]]> By: quizzard123 http://workers-comp-rights.com/worker-q-a/workers-compensation-in-texas-does-drug-test-failure-legallyresult-in-denial-of-claim/comment-page-1/#comment-9927 quizzard123 Sun, 08 Nov 2009 05:27:15 +0000 http://workers-comp-rights.com/6458/worker-q-a/workers-compensation-in-texas-does-drug-test-failure-legallyresult-in-denial-of-claim#comment-9927 I can't comment on Texas in particular, but in most jurisdictions, the institution of worker's compensation regime usually means that the workers are prevented from suing. In addition, the presence of drugs in the system IS taken by the courts as evidence the person was under the influence. I can’t comment on Texas in particular, but in most jurisdictions, the institution of worker’s compensation regime usually means that the workers are prevented from suing. In addition, the presence of drugs in the system IS taken by the courts as evidence the person was under the influence.

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