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is a failed drug test after a workplace accident injury, misconduct ?

a 2800 pound reel of plastic rolled over my foot crushing it. there was soft tissue damage torn ligaments and breaks. i failed the drug test for workmans comp and was fired shortly after. is this considered misconduct.

I would say yes, emphatically, but of course it depends on the state (some have very specific requirements for drug tests).

It's also worthy to note that the employer probably had their very own policy about drug use which state a failed drug test will result in termination for misconduct.

Most worker comp laws allow or require a drug test when a workplace accident occurs ..

I can't help you .. you need a work accident lawyer.

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Jan 29, 2016
please help
by: Anonymous

Would I be able t collect unemployment if I failed a drug test due to prescription drugs

I don't know what state you're asking about, nor will I consider any circumstances you might of related to me, to give a yes, or no answer.

The services offered here might help though.

Aug 11, 2010
failed drug test
by: Anonymous

well there was no rule involving drug tests when i was hired and when the rest of the employees were hired. there was no drug test and nothing in the employee handbook stating anything about drugs. after my incident the company began drug tests for new employees and placed a page in the handbook about the drug free workplace. dont know if this changes anything... in addition i worked there for a week after the drug test while they were deciding what to do.

Then fight it .. and if I need to say it .. use the handbook you worked under for documentation.

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