Just got fired through the mail.

[routemanron51]

I worked for a concrete construction company up until today. Last Wednesday I was working and started to put tools away at the end of the day. I opened up the door on one of our trucks to put things away and the hinge broke, the door fell off onto my foot causing a minor hairline fracture even though I was wearing the required steel-tip shoes. After I had my foot x-rayed for workers comp, I was told I had to take a drug and alcohol screening. I refused since there was no way drugs or alcohol played any part in the door falling off and causing my injury. I waited two days after the accident to report it and go for x-rays. When my boss heard I refused to take the drug screening he threatened me with dismissal. I said no matter what the company was liable for my injuries. I haven't been to work since Monday because I have to wear a special shoe and I am still in pretty much pain. Than today comes the registered letter telling me I'm fired for refusing to take the drug test. Any lawyers out there? I need help.

Ron

[ChristiNate]

Just curious...

Why didn't you just take the test anyway? Didn't you know it would look like you were taking drugs or alcohol to them if you didn't, or at least look fishy?

Sorry you were fired and you got your foot hurt. What a sucky week!

Christi

[justme23]

I'm no lawyer, but I'm pretty sure he's w/in his rights since you refused the test. If you have nothing to hide, then I don't understand why you refused since it's pretty common for them to do this knowing they usually come back clean. At any rate, I hope you feel better soon!

[iowakat]

It's possible the job's insurance required the drug screening. Another question for you - why did you wait 2 days to report it and get x-rays? My husband dropped a piece of metal on his toe and broke it last Sep. The job foreman took him to the hospital right then for x-rays and there was never any question about workman's comp not covering him.

[momfromTN]

It is common with just about ANY employer these days. And you are up a creek because the employer has the right to require drug testing.

[Quaker_Parrots]

My hubby drives a truck, he has been hit 4 times for a drug test in a years time(suppose to be random) that's is 3 more times than anyone else he works with, and he always tests clean(he doesn't do any thing drug wise)

[fatesfaery]

I've had two worker's comp injuries. Drilled my hand with a needle-like dremmil bit and carpal tunnel syndrome. Had to take a drug test both times.
I believe a drug test is required with any worker's comp injury, I also believe that refusing to take it is the same as failing it.

Your employer was within his rights if you refused to take the test, and worker's comp has a valid right to refuse the claim.

[CarolinaBlue]

At my sons job, they told him that anyone that is injured on the job has to take a drug test. He had to agree to all of the conditions and rules to work there. I guess that's just the way it is now.

[schsa]

He has the right to dismiss you if you refuse a drug test. As far as your employer is concerned if you refuse it is like admitting you are using and no employer wants to have a worker using drugs.

Sorry but on this one I am with your employer. I would have dismissed you as well.

[Jayd]

It's like refusing a breathalizer...if you refuse it, you are presumes guilty.

Good luck finding a new job but remember, MOST places are going to require testing BEFORE they hire you.

[Dolly<3]

Did someone lead you to believe it was optional? Maybe you can have a case against them if they led you to believe it was optional and then they fired you for not taking it.

Good luck!

[Momof2totsand1teen]

Originally posted by schsa
He has the right to dismiss you if you refuse a drug test. As far as your employer is concerned if you refuse it is like admitting you are using and no employer wants to have a worker using drugs.

Sorry but on this one I am with your employer. I would have dismissed you as well.

I totally agree! Hope your foot heals quickly so you can find another job. At least you didn't suffer a major injury.

[booker'sbaby24]

you should have taken the test.

[ezmoney163]

Most places of employment require a drug test, for insurance purposes. I can not figure out why anyone would refuse the test and jeopardize their job, but you did what you thought you should. Good luck finding a new job.

[MamaFairal]

Sounds like maybe you "KNEW" you would of failed a drug test???
JMHO
HMmmmmm HMMM!

[amysusi]

I thought it was standard procedure to administer drug tests whenever any incident happens. And wouldn't it make sense that it might not be the company he works for, but it could be the insurance company?

[Linus1223]

Originally posted by routemanron51
I waited two days after the accident to report it and go for x-rays. When my boss heard I refused to take the drug screening he threatened me with dismissal. I said no matter what the company was liable for my injuries. I haven't been to work since Monday because I have to wear a special shoe and I am still in pretty much pain. Than today comes the registered letter telling me I'm fired for refusing to take the drug test. Any lawyers out there? I need help.

Ron

Because you waited two days to report the accident AND refused to take the drug/alcohol screening, the employers was within his rights to terminate your employment....And I think your actions may have waived your right to collect worker's comp.

[Cowgirlie_in_Tennessee]

I'm not so sure about the drug test being a MUST... several of my jobs never required one...and also I had a Worker's Comp case with Dollywood several years ago- all they had me do was go to 2 of their doctors, and 1 up here just to make sure that everyone was on the up and up, of course it took them about a year to get all that done, :rolleyes: and I had to get a lawyer in order to get them to pay a very minimal sum ($5000) for the pain and whatnot. I twisted my ankle on park very very severely- and lost 10% mobility in my foot/ankle.
Seems to me you SHOULD of taken the drug test to prove you WERE doing your job correctly and that you were just using faulty equipment.

[reneep45]

any injury , no matter how or what happened , there is almost always a drug test .

[stresseater]

Originally posted by ChristiNate
Just curious...

Why didn't you just take the test anyway? Didn't you know it would look like you were taking drugs or alcohol to them if you didn't, or at least look fishy? (Stepping up on her soapbox :D :D :D )
Because it's none of the employer's business and because urinalisis is inhearantly misleading. If you hit for pot it doesn't mean you were high when the accident happened. It should be challenged in court. If there was obviously equipment failure then forcing a test that could make an innocent person look like he has done something wrong is wrong in and of itself. I hope you find a lawyer you might contact NORML they have lawyers who deal with civil right violations of this type.....good luck:D :D

[Linus1223]

Originally posted by kids=stress
(Stepping up on her soapbox :D :D :D )
Because it's none of the employer's business and because urinalisis is inhearantly misleading. If you hit for pot it doesn't mean you were high when the accident happened. It should be challenged in court. If there was obviously equipment failure then forcing a test that could make an innocent person look like he has done something wrong is wrong in and of itself. I hope you find a lawyer you might contact NORML they have lawyers who deal with civil right violations of this type.....good luck:D :D

Actually, it's every bit of the employer's business. The law says that you have every right to refuse a drug test - but that an employer has every right to fire you for refusing it. It is NOT a violation or a matter of civil rights.

A analysis of the urine would probably be the best indicator - not misleading - since it tests for marijuana and other drug use within the past twenty four hours (according to Jude Judy :D).

Forcing an innocent person to take the drug test, IMO, does not assume that the person has in fact done drugs. I would say that the results are more important than the act of taking it. It can clear the person's name.

[stresseater]

A analysis of the urine would probably be the best indicator - not misleading - since it tests for marijuana and other drug use within the past twenty four hours (according to Jude Judy
That's the whole point, an urinalsis will tell you if a person has smoked marijuana in the past 30-40 DAYS, not the last 24 hours. That's the misleading part. If it were the last 24 hours I would be less against it. I am not against punishing people working or driving high but A medical test that will tell your employer what you do on you off time in your own home IS a violation of my civil rights as far as I'm concerned.Also what if a person has a medical condition they don't want disclosed. There is a lot of things you can tell from a urinalsis and I don't think that an employer should be able to bully their way into a persons restroom without good reason. :D :D

[AngelGrim]

My husband got his finger cut off at work and if he hadn't taken a drug test he wouldn't have gotten any workmens comp. Then a couple of weeks later a woman got hurt and she didn't pass the drug testing and she lost her job and got no money at all.

[justinenycole26]

Refusal of a drug test is an absolute defense for the Workman's comp insurance company. I hope you are not expecting them to pay this claim. You are going to be responsible for ALL of your medical bills resulting from this accident.


The employer was more than likely given the choice to either fire your or have their workman's comp insurance cancelled.

[EricsnKy]

Originally posted by schsa
He has the right to dismiss you if you refuse a drug test. As far as your employer is concerned if you refuse it is like admitting you are using and no employer wants to have a worker using drugs.

Sorry but on this one I am with your employer. I would have dismissed you as well.

I totally agree!

[DAVESBABYDOLL]

Originally posted by MamaFairal
Sounds like maybe you "KNEW" you would of failed a drug test???
JMHO
HMmmmmm HMMM!

we think too much alike..I agree with Mama,if you don't do drugs then there is nothing to hide

[DBackFan]

Originally posted by kids=stress
That's the whole point, an urinalsis will tell you if a person has smoked marijuana in the past 30-40 DAYS, not the last 24 hours. That's the misleading part. If it were the last 24 hours I would be less against it. I am not against people working or ddriving high but A medical test that will tell your employer what you do on you off time in your own home IS a violation of my civil rights as far as I'm concerned.Also what if a person has a medical condition they don't want disclosed. There is a lot of things you can tell from a urinalsis and I don't think that an employer should be able to bully their way into a persons restroom without good reason. :D :D

A urinalysis does NOT show marijuana use 30-40 days ago! Only a hair follicle test can do that.

I am on the employers side here too. My husband drives a mixer truck for a concrete company and it is mandatory for ANY work related injury to have a drug test.

[EricsnKy]

Originally posted by DBackFan
A urinalysis does NOT show marijuana use 30-40 days ago! Only a hair follicle test can do that. .

http://www.teenhealthfx.com/answers/12.html

The chemical in marijuana, THC, is absorbed by fatty tissues in various organs. Traces of THC can be detected by standard urine and blood tests for about 2 days up to 11 weeks depending on the persons metabolism, how much they smoked and how long they smoked. THC can be detected for the life of the hair. Again, the sensitivity of the test ranges from person from to person depending on many factors including the amount of body fat, differences in metabolism, and how long and how much they smoked.

[stresseater]

Hehehe ericsnky beat me to it. :D :D

[iowakat]

Originally posted by kids=stress
I am not against people working or ddriving high.....

I hope that isn't what you meant to say!

[stresseater]

OOPS :o :o :o All for the lack of a word...hehehe That should have read I'm not against punishing people who work or drive high. That's what I get for doing other things while posting. I also corrected the spelling error in driving. :D :D :D I'm going to bed now, to tired to type ;)

[JWWB2000]

The employer was within his rights to dismiss you for refusing to take the pee pee test. Most places will tell you up front if you refuse to take it, then you will no longer work with the company. Most injuries do require a test for insurance purposes. Like it was mentioned before, take the test or loss your job. If it were me, I would just take the test.

[routemanron51]

I tried this before and it went to the wrong place:

Thanks everyone for all your messages but I don't plan on persuing this to workmans comp but through an attorney because it was faulty equipment that caused the injury and they knew before it happened that the door latch was broken and held closed by a bungee cord. The hinge broke when I tried to open the door so even if I refused to take the drug test it doesn't take away any liability from the company. I plan on suing for loss of wages and pain and suffering. And it really gets me mad that they didn't have the gonads to tell me face to face. I also have to get a copy of the accident report since the company secretary filled it out and I want to make sure she put down the facts and didn't alter what she was told happened to protect the company. BTW I've already been offered another job but I would have to buy another car to get there. This job was in walking distance from where I live. Thanks again for all your messages.

Ron

[AngelGrim]

Not trying to aggravate ya, but when my dh was hurt, the company knew the machine was malfunctioning and that it was not up to osha--spelling-- code but he still had to take the test and the attorney he had told him if he hadn't then he would have gotten nothing. This was a factory job and the protective gate had been taken off and the emergency shut off did not work. Good luck in your efforts. With my dh he had 7 surgeries and had to wear an iv pic line before amputation. And after all of it was done he still only got a tiny settlement and not much workmens comp.

[dlwt]

Do you have a Commercial Drivers License??
Refusal of a drug test post incident usually requires dismissal.
Sorry I dont think you can do much on this. They will probably take care of your medical bills but they may not even have to do that since you refused a drug test.
When you apply for unemployment they might fight that as well because you refused drug test post incident.
Sorry I am no help, Good Luck

[iluvmybaby]

;) My mother had to get drug tested when her f=van popped out of gear and crashed into our house even when she wasnt in it and even though she had it in park and the emerency break on. Most insurance companies require anytime a claim be filed that there is a drug test done, just like someone said if you are stopped by a cop and you refused a breathalizer test, you are in jail. Drug tests are no big deal, they take two minutes, you could have done it while you were in the hospital, pee into a cup and you are done. It sounds suspicious to me you would refuse, when I was hired onto a company that has a policy such as that I had to sign something that said if I refuse a drug test I WILL be dismissed, maybe you didnt read the contrac through enough? Innocent until proving guilty, but I can tell you the judge is going to ask you why you didnt take the drug test, that is automatically suspicious and you might get zero because you violated your claim by not peeing in the cup ((Hun I worked for a security company and every month they did random drug tests, I had to take six in one year:eek: ))

Sorry about you injury but I think that you have shot yourself in the OTHER foot on your misplaced principles

[Linus1223]

Originally posted by routemanron51
I plan on suing for loss of wages and pain and suffering.



Good luck with that. You won't have much a of case since you refused the drug test and reported it two days AFTER it happened - even if it did violate OSHA standards or was faulty.

[zitra]

Originally posted by Linus1223
Good luck with that. You won't have much a of case since you refused the drug test and reported it two days AFTER it happened - even if it did violate OSHA standards or was faulty.

I'd have to agree..seems you have lost any claim you had, for anything, by refusing to take that test. You have to take a drug test for almost any insurance claim , especially a workman's comp case , or any insurance through work..

[Kelsey1224]

I'm with the other posters on this one. I'm really sorry you got injured, but I believe you forfeited your rights when you delayed in reporting the accident and refused to take the drug test. (I've got a Master's Degree in Human Resources and believe the rules are on the side of the employer.)

It's learning a lesson the hard way.

I do agree that it would have been nice to have been told face-to-face...but are you at work? If you are off because of the injury, then your former employer probably wanted this resolved immediately and did not want to wait for you to return to work.

If you are at work...than that is just unprofessional on the part of your boss. Yes...put it in writing...but give it to you...not mail it to you.

[Linus1223]

Originally posted by Kelsey1224
I've got a Master's Degree in Human Resources and believe the rules are on the side of the employer

I'm getting my undergrad degree in HR and Industrial Relations! :D I took a law class in worker's comp last semester, so that's why I know what I do about the subject. :p

[Kelsey1224]

Originally posted by Linus1223
I'm getting my undergrad degree in HR and Industrial Relations! :D I took a law class in worker's comp last semester, so that's why I know what I do about the subject. :p

Well...it's been a few years since I took Industrial Relations, but this was what I remembered as well. It isn't my specialty (Employee Benefits is what I do)...but I do remember quite a lot!

Linus1223...good luck on your degree. Is your birthday December 23rd?

[Linus1223]

I'm specializing in public policy..What did you get your undergrad degree in?

And yes, my birthday is on the 23rd of December. :D

[aprilmay]

:eek: :eek:

[freebiegrl22]

I just wanted to add just a little something...I know in the state of Indiana, we are an employer state. We (Businesses) can hire anyone we like, and fire for any reason at all. If I don't like what you are wearing, I can fire you on the spot. Good luck with the court case, it sounds like you will need it.

[routemanron51]

Freebiegrl22<>Good luck with the court case, it sounds like you will need it.
We (Businesses) can hire anyone we like, and fire for any reason at all.<><>

It's the same here in Pennsylvania, but I'm not going to fight the fact that I was fired, I going to fight because of the injury which no matter what they are still liable for. Being an employee does not take away my right to sue if an injury occured because of equipment failure, which is the case here.

Ron

[zitra]

Originally posted by routemanron51
Being an employee does not take away my right to sue if an injury occured because of equipment failure, which is the case here.

Ron

but it could if you refuse to take the drug test they use for insurance purposes..

[JWWB2000]

Ron....you may be at a loss with this one b/c you chose NOT to take the whiz quiz. I am not even sure if you would be able to find a lawyer to support you with this. If you have, then best of luck. Just don't go counting your chickens before they hatch. They may never hatch at all.

[routemanron51]

Zitra<>but it could if you refuse to take the drug test they use for insurance purposes..

If the insurance won't pay than they will have to pay out of their own pockets. They are liable no matter what.

Ron

[Linus1223]

I think you're missing what everyone is saying...If you don't take the drug test you're out of luck.

Refusing the drug test - no matter if the equip. was faulty or not - waives your right to be compensated for your injury.

[routemanron51]

Linus<><>Refusing the drug test - no matter if the equip. was faulty or not - waives your right to collect insurance.<><>

I'm not missing the point. Even if the insurance refuses to pay than the liability falls back on the owners of the company. Refusing the drug test which is my right doesn't let them off the hook. I have already contacted a lawyer in this matter and that is basically what he told me.

Ron

Ps. Thanks everyone for all your messages.

[hotwheelstx]

Here in Tx. they have something called "Fire At Will" they can let you go for anything they want to doesn't matter.

Refusing to take a drug test here will result in termination of employment.

However, I would still hold your previous employer liable for what has happened. Can't really dispute that.

Of course their side can subpoena any arrest records, medical records, issues w/drugs. They are concealed but....your lawyer will/should ask you to sign a waiver asking you to give permission for him/her to obtain any medical/arrest records. After that they are "fair game".

Only reason I'm stating this is....I was in an auto/pedistrian accident almost 5 years ago. Once you're in this your life literally becomes an open book. I'm being very serious....past employers, arrest, warrants, past due child support, income tax, how many times for illness or otherwise you've taken off from work, what it was for, for how long, rates of wages, talking to friends, associates, neighbors, status on your bills, where you live.

All of which I feel has no "real" relation to anything....if you're injured you're injured...that's the main point.

I personally have never refused a drug test have nothing to hide. As everyone has stated if you refuse they presume/assume you're guilty of taking drugs....can't prove it otherwise now.

Hope your foot is doing better...good luck w/your case.

[amysusi]

Originally posted by JWWB2000
whiz quiz

That's funny

[JWWB2000]

That is what we used to call it when I was in the Navy and to this day I still refer to it as the "whiz quiz"!!

[minxie]

I think that since you waited two days to report any of it and seek treatment for it, you are going to have a very hard time. There is too much of a time frame that your employer can argue that you could have gotten hurt somewhere else. JMO

[Cowgirlie_in_Tennessee]

Yup, totally agree here. I do think it is very odd that you waited 2 days to report a work related incident, when I am sure you were trained in your line of work that ANY injury could be detromental to your job. I know that actually @ my old job (Dollywood-theme park), people were told even if they got a bee sting to go immediately to HR,Security, and the on-site nurse. And actually, when I worked in Chicago @ Six Flags- they also had an on-site med center and if you even felt sick for a moment you were sent there until they could get you home. So it is beyond me why when you KNEW what caused the accident you didn't call a supervisor or lead or foreman whatever they're called and say "Hey, the door broke and landed on my foot". Hard to believe that you would of kept working...and if you DID go home, wouldn't you of told them WHY. If you just left the site then you SHOULD be fired. And regardless of whether it is in within your legal rights to skip the "whiz quiz", it would of been in your best interest to be forth-right if you took a hit and just accepted the consequences, which is what you are going to have to do now.



Originally posted by minxie
I think that since you waited two days to report any of it and seek treatment for it, you are going to have a very hard time. There is too much of a time frame that your employer can argue that you could have gotten hurt somewhere else. JMO

[bulldog6186]

Very interesting, please keep us updated OP

[routemanron51]

Minxie<>There is too much of a time frame that your employer can argue that you could have gotten hurt somewhere else. JMO


I had several witnesses, and I really only waited one day. The accident happened at the end of the day Wednesday, and I reported it first thing Friday.

Ron

HORRAY!!!!! THE EAGLES LOST!!!!

[Cowgirlie_in_Tennessee]

Not to nag, but what happened on Thursday? You couldn't call your employer?

[routemanron51]

Cowgirlie<>Not to nag, but what happened on Thursday? You couldn't call your employer?


I worked on Thursday. I didn't realize how badly I was hurt, but once my foot turned black and blue and swelled up I figured I'd better get it checked. I couldn't afford to take the day off and I was hopeing it would feel better instead of getting worse.

Ron

[Barbi_Route66]

I handle the reporting of accidents & injuries at my work. We require ALL employees to submit to drug screening whenever ANYTHING happens. It covers both the employee & the company.

In some cases an employee does not need medical attention. In the event that they do, we give them the option of seeing the company doctor or their personal doctor.

One time I had an employee bring me some medical bills ($1800.00) in which he claimed he got hurt on the job some months back. I went to speak to his supervisor because it wasn't reported to me or my supervisor (his supervisor knew nothing of the incident). The employee was stuck with the bill because had he reported the incident when it occurred, it would have been taken care of by workmen's comp.

[LadyBones]

Originally posted by JWWB2000
That is what we used to call it when I was in the Navy and to this day I still refer to it as the "whiz quiz"!!

My DH was also in the Navy and call's it that! He's also a trucker and has to take pee test's.

[JWWB2000]

Originally posted by *Free4us*
My DH was also in the Navy and call's it that! He's also a trucker and has to take pee test's.

Goes to show the Navy has their own language and it doesn't stop with "whiz quiz", ie bulkhead, cover, head, deck, scuttlebutt, ect. LOL

[killbarney]

Before you go trusting in this "lawyer", you might want to get a second opinion. Unless your employer engaged in "malicious and intentional"(it's worded differently on different sites but means the same) acts that caused you harm, workers compensation will be your ONLY remedy. Since you screwed yourself with your refusal to take the screening, you are about 100&#37; SOL. Of course, with some of the stupid lawsuits that make it to a stupid jury you might get lucky.

http://209.85.165.104/search?q=cache:Frz8zlRGoeQJ:www.laborlawtalk.com/showthread.php%3Ft%3D166290+pennsylvania+refuse+dr ug+test+sue+employer&hl=en&gl=us&ct=clnk&cd=3

http://www.dli.state.pa.us/landi/lib/landi/laws-regulations/wc/wcact.pdf

http://209.85.165.104/search?q=cache:lA6rsNxbHcAJ:www.swlearning.com/blaw/topic_employment_law.html+pennsylvania+refuse+drug +test+sue+employer&hl=en&gl=us&ct=clnk&cd=9

[MIKAER]

Were you at anytime informed the drug testing was mandatory? You did test and the test was clean [just late] right? I would gather all my documents regarding the firing and employee required testing and see an attorney.

[killbarney]

Nope, he refused to take the drug test-2 DAYS later.


You did test and the test was clean [just late] right?

[gobs101]

why are we answering a post from 2004? Did I miss something?

[killbarney]

:o I have no idea:eek: It was on the first page of the V/W forum and I didn't look at the date(have never needed to) :eek: Sorry. Now, WHY was it on the first page?


why are we answering a post from 2004? Did I miss something?

[MIKAER]

Too Funny!

[Juli67]

Where i work as soon as you sek treatment it is mandatory to take a drug test.you are up the creek bud.

[Juli67]

wonder id he ever got another job.

[tsquared]

why are we answering a post from 2004? Did I miss something?

I was wondering the same thing

[buttrfli]

:o I have no idea:eek: It was on the first page of the V/W forum and I didn't look at the date(have never needed to) :eek: Sorry. Now, WHY was it on the first page?

I put it there to mess with ya ;)

LOL j/k! I have no idea how it got there LOL

[killbarney]

:D haha ;)

I'd certainly like to know why it was on the front page, though. I have no idea how I could have gotten to a thread from 04:eek:


I put it there to mess with ya ;)

LOL j/k! I have no idea how it got there LOL

[Quaker_Parrots]

wonder id he ever got another job.He is still on the forums, here is his last post: http://www.bigbigforums.com/bigbigsavings-free-stuff/531363-free-cap-t-shirt-mug.html#post95506200 You could always PM him and ask...

[callsheb]

My dh works construction and if hes has a accident it requires you to take a drug test or you will be fired. He said most of the construction companies now days are that way in Mo at least specially if you are going to file a worksmans comp claim.

[amysusi]

LOL!! I didn't realize this thread was 3 years old until I saw my reply and I was wondering when in the world I said that. I had to re-read it because it didn't sound like me.

But the whiz quiz comment brought it all back, lol.

[killbarney]

I wouldn't even know how to find a thread this old lol. I tried clicking on last page to see how far back it went and it went to 06.

[DIRKSWIFE4]

Just a little tid bit of info......

Ohio companies now have manditory drug testing because it is the ONLY way they can get insurance on the place and people. Just found this out about 3 months ago.

Also, Not reporting an injury within 24 hours is a big NO NO. Im pretty sure you blew any chance of anything with loss of wages etc.... they will say you hurt yourself elsewhere and are only blaming them because you were fired.
Ive been fighting a WC case for 7-1/2 yrs and I have learned alot!!!

[Donnagg123]

It sounds to me like the OP is thinking it does not matter if he tested + or - or refused the test, they are still liable because of faulty equipment. However, by refusing, it is like saying you are + and if you are + (faulty equipment or not) you are liable for the incident because they are going to say if you were not on drugs you possibly could have pulled your foot away because you would have had all your faculties intact, etc. Your judgement could have been impaired. Something of that nature.

[Buslady469]

I drive a school bus, and we have random drug testing once a month. If I refuse to take it, then it is the same as failing it, and you are fired. From what I understand, there are alot of companies out there that require a drug test when you are hurt on the job. I can understand why they fired you BUT, I think that they could have talked to you in person about it!

[DAVESBABYDOLL]

I got hurt at work in December,my employer is on the list at the hospital for a drug test if you go in from a work related injury.No worries for me,I passed.

As for reporting,I reported it the minute it happened.A girl I work with hurt her ankle at work,didn't report it for a week,she was written up and got a level C (another incident,she's fired)

I look at it like this,if you have nothing to hide,take the test.Why else wouldn't you? Just dumb. I want my $$ from Workman's comp.

[ggawlak]

This is pretty standard operating procedure. My husband's company requires a drug and alcohol test for ANY cases that would be considered worker's comp. Think about it from the company's point of view. Why should they be on the hook paying for something that was your fault if you were indeed under the influence. They can't apply this requirement only in certain cases, otherwise it would be discrimination, therefore, the same rule must apply to everyone injured while performing their job. Check your employee manual ... chances are it's written there in black and white, and you are foolish for not taking the test.

Good luck finding a new job!

[buttrfli]

I work for the school system and am subject to random testing. If I refuse, I get fired. I have yet to take one in the 2 years I have worked there, but am more than willing if they ask me to. :D

[vicky122]

When my husband was hurt at work they didn't ask for a drug test. But if they had then he would of done it. If thats what they company wanted. Why did you refuse? I am sure any lawyer you get will want to know why you refused it.

[ladyfoob]

As far as I know that if you get injured on the job it is reuired to take a drug/achol test. I got injured working at the hospital and after I went through the ER and was treated and I took the Workers Comp form to my boss and he said that I needed to take the drug test. I did and no other problems came with that. I am sry to say this but IMO you basically srewed yourself by not taking the test. If you had nothing to hide you should of just taking it and you would still have your job.

[DIRKSWIFE4]

My brother cut off 3 fingers, they were transporting him to another hospital, their place of employment (DH & brothers) called the hospital told them he was not to be transported until a drug screen was done, so to make a long story short, he took his drug test PASSED his drug test but is minus 3 fingers because they waited so long to get them reattactched!!!!!

[whatever]

Yep i have worked at 2 different factories and both are if you get injured you have to take a drug test after the incident. They want to make sure you are not under the influence when the incident happened. Ie making it somehow you responsiblity for causing or something. I think its a good thing and a bad thing. Its thier way of trying to get out of paying workers comp, but at the same time sometimes i have seen people come to work after they have been out all night drinking or whatever. And are careless. Yes i don't understand why it took you 2 days to report it:confused: I think you are up the creek without a paddle on this one. Most places you have to take a drug test to even get a job anymore. sorry about you losing your job though.:(

[MusicfanAnnie]

It's awful that you had hurt yourself...and the darn door had fallen on you, and the boss then wanted a drug test?? I would have been pissed off....But I would have taken the test anway...Is there anything else she can do to get her job back??

[SLance68]

If you refuse to take a drug test or are tested positive on a Workmans Comp claim your benefits and payment of the claim can be denied by the Workmans Comp Insurance Carrier. I administer our DFWP and it is standard - you get injured you get tested. We would not stop someone from being transported from on facility to another just to get a drug test. We had 1 employee that was injured and went directly into surgery and they drug tested him after he got out of the recovery room. And NO you will not fail if the drugs in your system were administered by the treating facility.

[TxGreek]

He is still on the forums, here is his last post: http://www.bigbigforums.com/bigbigsavings-free-stuff/531363-free-cap-t-shirt-mug.html#post95506200 You could always PM him and ask...

I sent him a PM to see if he'd post an update (because now I"m curious, too. lol). He's been online since then, but hasn't responded here, so my guess would be that this didn't turn out too well for him. :p