The Governor’s Highway Safety Association (GHSA) issued a News Release last week announcing it has updated its Drug Impaired Driving: A Guide For States because of the continued increase in the number of drugged driving fatalities. According to information by the GHSA, 43% of fatally-injured drivers in 2015 tested positive for some type of drug, a much higher percent than alcohol-impaired driver fatalities for that year. The GHSA is urging states and lawmakers to take steps to crack down on drugged driving incidents. Introducing new programs, providing additional resources, training for law enforcement officers, and empowering a state-wide task force are some of the suggestions provided to states by the GHSA. Drivers need to be aware that as we enter the official summer season, beginning with Memorial Day weekend, continuing with July Fourth, and ending with Labor Day weekend, law enforcement agencies in Florida and throughout the country will be stepping up DUI enforcement. You might question how drugged driving enforcement can apply to a workers’ compensation claim. Let’s discuss that question.
Drugged Driving and Workers’ Comp
There are many ways a drugged driving charge or drugged driving accident can involve a workers’ comp claim. Let’s look a few. You are running errands for your boss, and a drugged driver hits your vehicle causing great injury. You are out of work for months and have substantial medical bills. Workers’ compensation may cover all medical bills and some of your wages if it is determined you were “on the job” at the time of the crash. However, workers’ comp does not compensate you for all damages, such as full income recover, physical pain, and emotional suffering. However, you can sue for these damages in a third-party claim against the drugged driver who was negligent in operating a vehicle while impaired by drugs. Another example that comes to mind is an injury you sustain in an accident at work. The medical provider draws blood and informs your employer you tested positive for drugs. This may or may not be true, or you may have a valid prescription for taking the drug. The insurance company for your employer will jump on this information to deny your claim, but this may not be correct given the circumstances of your case.
You Need an Experienced Boca Raton Workers’ Comp Attorney
In both cases, you need an experienced attorney who understands workers’ compensation laws and personal injury law. Workers’ compensation claims that involve allegations of drug use are NEVER easy. Hiring an experienced Boca Raton workers’ comp attorney as soon as possible is your best option to protect your legal right to fair and full compensation for your injuries. If the allegation of drug use is part of your workers’ comp claim, contact The Broderick Law Firm, P.L. immediately for help. Contact our office today 1-800-333-3903 to speak with an experienced WC attorney. We represent individuals in West Palm Beach, Boca Raton, Fort Lauderdale & Miami, FL.