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

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

I fell off a ladder at work in Pinellas County, Florida, and broke my back and arm. Employer does not have work. comp. but has ins. My work does not test and is not a drug free work place.

Asked on May 8, 2009 under Personal Injury, Florida

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

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 compensation for your injuries and medical expenses.


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