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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