Can you still sue your employer, if you tested positive for drugs after the accident????

Question Details: I fell of a ladder at work and broke my back and arm. Employer does not have work. comp. but has ins. My work does not test and is not a **** free work place.

Asked 5/8/2009 under Personal Injury | 277 View(s) | More Legal Topics

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I am am lawyer in CT, not FL, but handle workers compensation issue.  Worker's comp law is a no fault system.  If you fall at work, you are compensated.  The fact that your employer does not carry worker's comp is a problem.  Nevertheless, you should report the claim to preserve your rights and file a lawsuit suit if there is no worker's comp insurance.  The fact that you tested positive for drugs after the accident does not affect your claim in any way. You can still sue your employer.   I suggest that you hire a personal injury lawyer immediately to protect your rights as you may have a very good claim and/or are entitled to compensations for your injuries and medical expenses.

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