In Georgia, a workers' compensation claim can be denied based on a positive drug test. However, the fact that an injured worker tests positive for drugs or alcohol does not automatically bar the claim. According to O.C.G.A. 34-9-17, a drug test must be completed within 8 hours of the accident and an alcohol screen must be completed within 3 hours of the work accident, in order for the test to be used as grounds for denial of the claim. Even if the positive drug test is completed within the mandated time period, it only creates a presumption that the accident was caused by the consumption of drugs or alcohol. That presumption is rebuttable, which means the injured worker can present evidence that they were not intoxicated at the time of the accident or that the alleged intoxication did not cause the accident. Call
Atlanta work comp lawyer Brian Sumrall if you would like to discuss denial of your work injury claim after a positive drug or alcohol screen.