Well, being that you failed a drug test it looks fairly bad on your part when it comes to pointing the finger. But, if you investigate into the situation and the machine that crushed your hand, you may be able to find a valid reason as to how their equipment malfunctioned resulting in your injury. Otherwise, the insurance companys are never going to pay out on something that shouldn't be covered ( operating machinary under the influence ).
This happened to an uncle of mine. He worked at CostCo and blew his knee out on the job ( or however it happened its not the point ), he went home to relax and his wife gave him a pain pill. The next day he happened to drop a crate of products off a fork lift damaging a couple thing. I dont know if it was his fault or not but he was drug tested and even though he wasnt under the influence, the drugs in his system costed him his job.
EDIT: also, I think this also has different bits that come into play. If I had been drug-tested at my job, and failed, I also would have been canned. However, that policy, isn't the same as the laws instituted within Workers' Comp, and the ability for the company to pay for my accident. Sorry to hear for your uncle though - that sucks.
Heard and understood. That's why I'm going about this the best way I possibly can. The Workers Comp Act (atleast for the state of NC) indicates that it will, and has to pay out, UNLESS
" if the injury or death to the employee was proximately caused by:
- His intoxication, provided the intoxicant was not supplied by the employer or his agent in a supervisory capacity to the employee; or
- His being under the influence of any controlled substance listed in the North Carolina Controlled Substances Act, G.S. §90-86, et seq., where such controlled substance was not by prescription by a practitioner; or
- His willful intention to injure or kill himself or another.
Basically this indicates, that I should only be denied if there lies verifyable proof that I were intoxicated at the time of the incident. Their means of going about this is through drug-test.
With drug-testing, THC metabolites stay within the system for long periods of time. The metabolites that accumulate within fat are not psychoactive, but slowly is released in the blood and excreted into the urine as waste. This shows that though I failed the drug test, it is possible that it were from a time unrelated to the incident.
Are there any scientific studies that can be quickly quoted/cited in terms of having proof that it stays within the system for long periods of time? I know its generally common knowledge, but I'd like to have a paper cited from some study to have best-case... Only finding a bunch of 2nd-hand stuff citing the same things
Edited by Slapbassist531, 31 May 2012 - 07:30 PM.