What Can Reduce Your Work Comp Benefits in Colorado? – Your non-medical benefits can be affected if a claim is made by the employer and the insurance carrier, where there was intoxication involved with the accident.
They can just claim it without going to court and having to prove it, and it’s a 50% reduction of your lost wages and permanent impairment.
How is the reduction applied?
If you’ve been injured on the job, it’s not uncommon for the employer to send you to medical to do a drug test, blood test, or urine test. If you test positive for alcohol intoxication in the blood level, they will take a 50% reduction.
However, there are rules they have to follow in order to exercise their right to automatically take that reduction. One of them is to request that the testing facility retain an extra sample.
Some employers know about that rule, particularly in the construction field, but many don’t. When we get involved, we ask for that extra sample. If there isn’t one, they will have trouble proving the intoxication.
If an intoxication reduction is taken on our clients’ cases, we have various things we can do to fight against that. However, it’s not a clear and shut thing.
We’re here to help
The cases can be very complicated and fact-dependent, so if you or your loved ones have been injured on the job in Colorado, we can help you. Call or text us at 970-356-98-98. All of our consultations are free and confidential.
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