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I recently settled a case for a man wherein the employer asserted a defense of intoxication. The employee had smoked marijuana approximately three weeks before the date of his accident. At the time of his injury, he was sober. However, because the Georgia statute allows the employer a legal preumption that the employee was under the influence of marijuana and that said intoxication caused the injury if it is detected in the employee's blood up to eight hours after the injury, the employer controverted the claim. Fortunaely for my client, there were some procedural flaws in the way the employer conducted the blood test. We were able to convince the employer we could win the claim despite the test results, and the employer paid a lump sum settlement rather than risk a loss at the hearing. Under Georgia law, an employer has the right to test you for the presence of drugs or alcohol if you report a work injury. Even if the use was not recent, the fact that it is in your blood stream at all can cause you to have your claim denied. This case is a good example of why no one should use drugs, and the impact of said use. Even if does not cause the injury, it can cause you to lose the right to workers compensation benefits. If you have questions about your workers compensation claim, please contact me. Thanks, and have a great day. BGS
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