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  1. #1
    Join Date
    Mar 2009
    Posts
    2

    Angry Termination During Worker's Compensation

    My question involves workers compensation law for the state of: Texas

    I fell on the job recently and strained a muscle in my lower back, so I was asked to fill out an injury report. I then had to go to the business' doctor to take a drug test and get checked out. I had been told to take physical therapy and to be on light duty. The first night I went back I felt like I couldn't accomplish much of anything, so I was taken off the schedule for a few days after.
    The drug test results came back positive, and I was surprised of the results. I openly admitted that previously I had used marijuana, but it was around 4 months ago, right after I moved here. They wouldn't allow me to retake my test or get the actual test results sent to me, regardless of it being linked to my social security number. I got terminated, I haven't completed my physical therapy or gone for my check up to see how everything is. Can they just simply cancel out my appointments as of termination even though I asked to be retested? Is there anything I can do legally to fix this problem?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    13,004

    Default Re: Termination During Worker's Compensation

    Has the workers comp claim been formally denied?

  3. #3
    Join Date
    Mar 2009
    Posts
    2

    Default Re: Termination During Worker's Compensation

    As far as I know, it wasn't. I already took two physical therapy classes, and saw the doctor once. I was supposed to go in for a check up yesterday but they were backed up so I got rescheduled until monday. Im just not sure whether I will actually be able to go see the doctor without paying out of pocket now.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,241

    Default Re: Termination During Worker's Compensation

    I do have to say this was not a wrongful termination & they do not have to allow you to re-take the test.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    13,004

    Default Re: Termination During Worker's Compensation

    And if the workers comp claim is denied, you can appeal; however, if you are unsuccessful you will have to pay out of pocket. It is POSSIBLE that your regular insurance carrier may pay if you have a formal denial from the workers comp carrier; they will need to see the denial letter.

  6. #6
    Join Date
    Mar 2007
    Posts
    9,080

    Default Re: Termination During Worker's Compensation

    By the way, grass doesn't stay in your system for four months.

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