Q: My injury Occured 11 Days ago during a service call inside of the road , I work on tires, and my shoulder was in pain
Reported it 4 days later in person to my Service manager. He failed to repost it to higher up, I continued to work through my injury while he watched. So myself contacted the higher up, total of 11 days have gone by. Now Since I brought up work comp , they want to drug test me . Is it necessary to drug test when injury happen 11 days ago? I lift heavy tires and rims all day long, that's what caused my Shoulder strain . No proof I was ever intoxicated. No reason to Have a drug screen in order just because I mention Work comp. Is this Retaliation??
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
It sounds like you are dealing with a frustrating situation. Reporting a work-related injury is your right, and it's important that your employer takes it seriously. The delay in reporting by your Service Manager could complicate things, but you've done the right thing by contacting higher management yourself.
Regarding the drug test, many employers have policies requiring drug screening when a workers' compensation claim is filed, regardless of the timing of the injury. However, this can feel unfair, especially if there is no reason to suspect intoxication. You should check your company's policy on drug testing related to workplace injuries to understand your rights and their procedures better.
If you believe the drug test request is retaliatory because you mentioned workers' comp, you might consider speaking with a workers' compensation attorney or an employment law attorney. They can provide you with specific guidance on whether this could be considered retaliation and help you navigate your next steps. You have the right to a safe work environment, and your injury should be handled with care and fairness.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
