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re: Louisiana Workers Comp Questions

Posted on 1/30/18 at 1:59 pm to
Posted by The Rodfather
I'm not really sure?
Member since Nov 2008
3941 posts
Posted on 1/30/18 at 1:59 pm to
A refusal to take a drug test is deemed a failed drug test with most companies, especially in construction.

Also, drug tests are not just required by most construction facilities (industrial), they ARE a requirement for insurance. Hence why often you will see CEO's, the owners, and directors being required to take them also. The insurance provider requires them on X% of employees at X intervals, and upon hiring.

Ignoring WC for a minute, refusing the drug test may not affect WC, but the companies insurance provider for the umbrella or future lawsuit /settlement, will deem the refusal as a failure and use that in court to fight any payments.


ETA: I have seem people quit a company instead of taking the drug test, only to try to re-apply soon after and be hit with a 30/60/90 day wait or "not for rehire".
This post was edited on 1/30/18 at 2:02 pm
Posted by Chad504boy
4 posts
Member since Feb 2005
166500 posts
Posted on 1/30/18 at 2:01 pm to
quote:

A refusal to take a drug test is deemed a failed drug test with most companies, especially in construction.

Also, drug tests are not just required by most construction facilities (industrial), they ARE a requirement for insurance. Hence why often you will see CEO's, the owners, and directors being required to take them also. The insurance provider requires them on X% of employees at X intervals, and upon hiring.

Ignoring WC for a minute, refusing the drug test may not affect WC, but the companies insurance provider for the umbrella or future lawsuit /settlement, will deem the refusal as a failure and use that in court to fight any payments.


they need an employee signature on a consent form. love you how go rumbling into umbrella providers and what nots.
Posted by tigersbb
Member since Oct 2012
10385 posts
Posted on 1/30/18 at 7:06 pm to
quote:

Ignoring WC for a minute, refusing the drug test may not affect WC, but the companies insurance provider for the umbrella or future lawsuit /settlement, will deem the refusal as a failure and use that in court to fight any payments.


Wrong. His sole remedy vs the employer is workers compensation. Now if he can attribute negligence to another party for leaving the debris strewn on the ground he may be able to pursue an action in tort. The WC carrier would have the right to intervene into the third party claim to subrogate for the payments they make.
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