– The second occurs in any case, provided that as a result of the injury the worker had been permanently impaired his ability to carry out work for others, regardless of outside origin of the injury (an accident or illness, common or professional). In short, in an accident in which there was a drug, although this would not difficulties with regard to the Application for Permanent Disability, Social Security, if greatly undermine the possibility of obtaining compensation from the Employer. As mentioned above, such compensation has a place only when it was responsible for the injuries. And in a case where the employee had used drugs or alcohol, would be easy to argue that it was the lack of concentration or awareness driven by the consumption of such substances that caused the fatal outcome. So, unless there has been a clear failure in the security of the company that had triggered the accident, alcohol or drug intoxication certainly prevent any possibility of obtaining compensation. Be understood in these cases that the blame for what happened would be the worker for having come to the post under the influence of such substances. Other issues to consider might be that the intake of the drug had taken place several days earlier while in a fully worker when the accident occurred. And that our body takes several days and sometimes weeks, to expel the substance of the body.
That might be a good argument for the worker to try to counter claims by his employer in relation to why the accident happened. However, in all these cases it must be noted that many employers have a policy of zero tolerance for substance abuse, noting that the consequence of a positive urine test will be the disciplinary dismissal. Thus, even if the accident did not result in a disability could mean anyway termination of the employment contract for that dismissal, regardless of whether the drug had never been used in the workplace. The best solution is always to avoid the consumption of these substances, in the case of alcohol, do so during working hours or the hours immediately preceding it. Jose Alberto Espina Andria.