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Looking for advice w/ Workers Comp claim


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#1
Slapbassist531

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Cliffs:

Smoked weed week+ before accident
Had accident at work- had to get stitches
Went for Workers' Comp
Drug test- failed
WC denied
Going to fight in court
State of NC is where it happened
Want advice for WC claim-court


So thats the short version. Basically I worked at a pizza place (Lil' Caesars). Opened one morning (me and the manager), and I was setting up the dough-flattening-machine, and while putting in the guiders, the top of the machine smashed my hand. Went according to protocol as best as I remembered, and yeah. Left went to Hospital, blablabla.

So basically, I went with using Workers Comp. They denied my claim on account of failing a drug test. I've been reading online some, and basically, my defense would best be to show that just because I failed the drug test, doesn't mean the accident was caused due to it, therefore my claim should be paid for (medical bills). Anyone have advise or tips on how to go about this?


I was legitimately hurt at work. I was NOT stoned, and the the accident was that - an accident. Any advise on the best ways to go about winning the Workers' comp claim?

Thanks

#2
Slapbassist531

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bumpity. I figure the case I'm going to have to show, is the fact that weed can stay in ones' system for up to 30 days after the ingestion period, which leaves a lot of wiggle room to fail a drug test while not under influence. Guess I am looking for insight. Any ideas on going about proving my stance? It was me and a manager - am I able to just go, "dude was there, I wasn't stoned, and if I looked like I were, I should have been sent home. I wasn't, and was working, an accident occurred, and though I failed the drug test - the substance I failed for is known to stay within a persons' system for 2-4 weeks."?

#3
Newly baked

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You could probably get this over turned but you will need a lawer. It will cost you (prob upwards around 1,000 bucks). But yeah a good lawer would destroy WC. Did u at least get to keep your job? You're lucky if they didn't fire you!

#4
Slapbassist531

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You could probably get this over turned but you will need a lawer. It will cost you (prob upwards around 1,000 bucks). But yeah a good lawer would destroy WC. Did u at least get to keep your job? You're lucky if they didn't fire you!



Especially on grounds of that cost, I'm hoping to figure out the information the lawyer would use to represent me, and have myself represented.

Nah wasn't able to keep my job lol. Kind of a bummer - the main manager acted like she wanted to keep me aboard, but on account of using their Workers' Comp, I think it may have complicated things, and I got the run-around and didn't get to go back. Worked out as a blessing, because I wound up landing about as great of a cooking/dishwashing job as I could hope for.

My dad has been blessing me a lot with looking into information that could help.

One is another case where man got WC claim turned yes, on account of proving that he wasn't high at the time of the incident, so he was allowed WC to pay for him.

Another is based through that assumption, that I try and get written statements from the physicians assistant, and/or the present manager talking of my demeanor, so I have witnesses that though I failed the drug tests, I wasn't acting in a behavior of being "stoned", and yup.

Appreciate the response broseph :)

#5
DankHerbologist

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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.

#6
Slapbassist531

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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.


#7
LevVygotsky

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Maybe you can find some helpful articles in this list: http://forum.grassci...uly-2010-a.html

good luck

#8
Ironic

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I don't think you've got a case. You already failed the drug test. I would think your only chance would be to deny smoking and try to get it thrown out as a false positive.

I am pretty sure that if you admit to smoking weed Workers' Comp doesn't have to pay you shit.

I am also sure that the state of North Carolina is well-aware of how long marijuana metabolites stay in urine. I think they know and they do not care.

Has there been a precedent set in North Carolina already? Has this type of case ever gone before a judge?

Edited by Ironic, 01 June 2012 - 02:35 AM.


#9
Ironic

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This may help:

New York Injured Worker Tests Positive for Marijuana: High Level of Proof Needed to Overcome Presumption That Injury Not Caused Solely by Intoxication

#10
StuGrimson23

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You should be able to find an attorney that offers a free consultation. I never got drug tested for my WC claim.

Was it the workers comp insurance that had you tested or your employer?




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