Drug screens and Illinois work injuries

Any good Illinois workers' compensation attorney will tell you that the insurance company will do whatever they can to come up with a reason to deny your benefits.  One of the common tactics is to give you a drug screen after you are hurt.

A drug screen is only relevant to a job injury if you are actually high on drugs when you get in to an accident.  If you smoke pot on Saturday night and get in to an accident on Tuesday lifting boxes, the drug use has no meaning.

We recently got a call from a factory worker who has both carpal tunnel and cubital tunnel syndrome from working a repetitive duty job.  He failed his drug screen and the insurance adjuster told him that he isn't eligible for benefits as a result.  That is 100% false.  Here is a guy that does the same thing every day using his hands and arms.  Even if he snorted cocaine every night it wouldn't change the fact that for eight hours every day he did the same motions with his upper body.

This is just another myth that you should ignore.  We of course don't encourage you to be high while working.  But what you do in your free time away from the job shouldn't change your rights to benefits from a job injury.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

Illinois work comp- Where your drug screen took place is important

We have talked a lot on our blog about jurisdiction.  In plain English, that means do you have the ability to bring an Illinois workers compensation claim.   To do so you have to show one of three things:  The accident happened in Illinois; your employment is principally based out of Illinois; or the last act to hire you took place in Illinois.

The "last act" requirement has different interpretations.  We have seen cases won when you were offered the job while on the phone, but physically in Illinois.

For truck drivers, you often have to receive a drug screen before the employment is official.  For many Illinois based trucking companies, they bring you to Illinois for that to take place.  If the drug screen happens in Illinois we have seen many cases won because that happened.  On the flip side, we have also seen cases lost because a drug screen took place out of state and there is no other real connection to Illinois.

If you are hurt on the job and are wondering if you can bring an Illinois workers' compensation claim, it's important to think of every possibility that exists for you.  It is especially true when you weren't hurt here.  Remember to think back to when you were hired and exactly what happened.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.