Q: I was hurt on the job , failed the drug test, was told I’d be covered for surgery and therapy . I was then fired .
I Went through the procedures of both for 6 weeks . Today I was told my claim was denied because of a failed drug test . The company I previously worked for specifically mentioned that is be covered even though I knew my drug test was going to fail. It was disclosed by their insurance provider to the hand specialists that was providing me care the exact drug that I failed the test with. I’m upset & embarassed because there was no need for the hand specialist to know private health information . Is there any legally wrong with this?
A:
There is nothing unlawful about your employer terminating you for failing a drug test. It is also not unlawful for the drug test results be passed along to a treating physician.
However, you really should locate and retain a workers compensation attorney to assist you with your workplace injury claim.
Good luck to you.
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A: Generally, failing a drug test after being injured on the job may impact your eligibility for workers' compensation benefits. Employers may also have the right to terminate employees for policy violations. Medical professionals are typically bound by confidentiality rules, but there may be exceptions for treatment purposes or legal requirements. To understand your rights, it is advisable to consult with an employment or workers' compensation attorney.
A: Your case raises many legal issues, across several fields of law. First, does your drug usage fall into the category protected by the FEHA/ ADA as a physical/mental disability? It could be possible, but when you fail a drug test, most attorneys are not willing to go past that. Next, did your employer unlawfully disclose private medical information to the WC carrier or its doctors? Is there an exception to HIPPA for this situation? this is a forum for general questions on the law and not a place for you to get a reliable legal analysis on a complex legal question like this. This falls in the area of Worker's Comp/ Physical disability discrimination in Employment/ ADA-FEHA law. You need to consult an attorney in your local area that practices this kind of law. Thank you for using Justia Ask a Lawyer.
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