There are a number of ways that your life could be complicated in the event that you fall victim to a serious injury. You can be impacted by financial hardship if you are unable to work as the result of your injuries in addition to suffering long term physical effects. When considering a workers’ compensation claim, you will have a number of questions. You may even be wondering if a drug test will be required when filing a workers’ comp claim.
Resistant Employers
When an employee is injured on the job, workers’ compensation is in place to provide people with financial support following their accident. Generally, when injured and unable to work, a percentage of your pay will be awarded to you. This is in place to provide you with some relief so that you have the time that is needed to recuperate from your injury.
In some cases, when a person receives injuries, an employer may avoid compensating their employee. Sometimes an employer will do this by intimidating an employee. An employer may threaten that the employee pass a drug test first. Doing this is also a way to make the employee feel as though the workers’ compensation process is far too much work. This tactic may even be successful in preventing the injured person from filing a claim in the future.
Drug Testing
When a difficult employer fails to take accountability in a workers’ compensation claim, they will avoid making changes to working conditions that may have caused the injury to occur. By blaming the worker for the injury they received, they can ignore any problems in the workplace, such as: malfunctioning equipment, poor working conditions, even overworked employees.
In workers’ comp situations, the only time that an employer can require a drug test following an injury is if there is reason to believe that their employee was using substances at the time the accident occurred. Employees can administer drug tests in the workplace on a regular basis if they would like.
Many employees have reported being deterred from filing for workers’ compensation by their employer. In 2016, OSHA put into effect a new rule, stating that employees are not able to prevent an employee from reporting an injury that occurs on the job. It also protects an employee from retaliation by their employer if they file for workers’ compensation.
When tackling the complex process of filing a workers’ compensation claim, it may be helpful to enlist the help of a professional. When a lawyer, like a workers’ compensation lawyer Milwaukee WI trusts, is there to help you, they not only can increase the compensation you will receive, they also make the entire legal process much easier to manage. You will be able to take the time you need to recover while your attorney protects your rights throughout the claim process.
Thanks to our contributors from Hickey & Turim, SC for their insight into workers compensation settlements.
