Can my workers’ comp claim be denied because of my medication?
March 12, 2018
Suffering an injury on the job can be devastating. From missed work and wages to potentially years of recovery, workplace accidents can disrupt and change your life dramatically. Unfortunately, depending on the industry you work in, it can be a very real threat. The last thing you will want to worry about is whether or not your workers’ comp claim will be denied.
If your employer has a drug-free or zero-tolerance policy, you may be concerned that your workers’ comp claim will be denied because you take prescription medications. Rest easy. As long as your medication was prescribed to you by a licensed professional and you are taking the medication as prescribed, your claim should not be denied because of it.
However, it is important that you have followed your physician’s instructions regarding the medication. For example, if the medication that you are taking has a warning not to operate heavy machinery, this may not only impact the nature or amount of workers’ compensation benefits you may receive, but may also impact your employment status.
It is important to discuss with your doctor the side effects of your prescriptions and if there are any restrictions that may affect your job. If there are, ask about alternative medications.
While your medical privacy is protected under law, if you are being treated with a medication that prevents you from performing aspects of your job, you should discuss this with your employer. You do not need to tell your employer what medication you are taking or why, but you should let them know if the side effects could endanger you or others while on the job. Your employer should make accommodations for you.
No matter what the injury or the circumstances surrounding it, there are a few steps you should always take if you experience a workplace accident. First, always report the incident to your employer. Second, always consult with an experienced lawyer who specializes in workers’ compensation.
An experienced lawyer can help ensure that your workers comp claim won’t be denied. If you have been injured on the job, contact KBG. Our team of workers’ compensation attorneys will assist you in getting the Results You Deserve.