Recently had an injury at work (allergic reaction to the flu shot while at work), and had to use workers comp. The rules say if you have an injury at work you must submit to a drug test before you leave that day. I take a prescription medication (Esgeric Plus) for migraine headaches prescribed by my Dr. It is very mild. I took one two days prior to the drug test, and told the man who tested me. I offered to fax him the label when I got home, but he said that wasn't necessary. I was supposed to go back to work, and off of workers comp tonight, but found out this morning that I am Suspended because the drug test came back positive.
HR directed me to the company who told me to peel the label, and fax it to them,and all will be well. My issue is with the word Suspended which sounds like I am in trouble. When I get them the label today will that stay on my record? Will I be paid for the day that I couldn't come in because I was suspended due to no fault?
Gross negligence is more far reaching in the actual practice and application of law...thank you for pulling up a very narrow dictionary definition of it, but how it is applied in law is WAY different. You are crazy if you think it only applies to physical safety...safety can mean different things under the law.
However narrow, it's a definition. From what the OP described, in order for it to be GROSS negligence you would have to prove the lab tech knew she would be positive and told her not to fax the script. Was the lab tech misinformed, possibly, but that is a far cry from gross negligence. In no way does this sound like a malicious act on the the part of the lab. And what "safety" was compromised here?
Punitive damages is EXACTLY what you said it was...it is a punishment and 100% collectable in court and is awarded most commonly...in cases of gross negligence.
Again, there is no gross negligence.
I have read cases where the actual damages was merely $25 but the punitive damages was in the MILLIONS.
I have read many things, it doesn't make them true. I would love to hear your case examples on this.
Again, you think you know what you are talking about but you clearly have no clue what is supposed to happen with a drug test...as you have clearly demonstrated.
Now you are just making yourself sound foolish. You have no idea what I know, and judging from your answers I can easily make the same assumption about you.
YOU CAN BE SUED if you falsely report a fail...a fail is DEFINED by most states as testing positive for a substance of which you DO NOT HAVE A PRESCRIPTION FOR.
Anyone can be sued for anything. The key is winning. Can the OP recoup her lost day...maybe maybe not. However no lawyer would take this case on contingency and I doubt the OP would want to spend $200/hr on a lawyer to recoup at most a few hundred dollars. There isn't going to be some huge payout for punitive damages as you make it sound because there would be no punitive damages awarded.
To the OP: If you want you can run your case by an attorney and see what they say. Most offer a free initial consultation. Just don't be surprised if they tell you there is no case and no huge payout for punitive damages.
You have the legal right to be treated.
I agree.
You keep screaming this "burden of proof"...talk about something easy to get:
1. Subpoena the results from the drug testing company.
2. Subpoena the individual at her work that received the results that led to her suspension.
3. Provide DOCUMENTATION of her treatment under a medical physician and her pharmacy records.
That doesn't prove the lab did anything negligent! All your so-called proof shows is that the drug test was run and it was positive for whatever substance. Then the doctors documentation would provide the reason for the positive result. In NO way does any of that show negligence let alone gross negligence. They could subpoena the lab tech that ran the test, but all he/she will say is the OP didn't mention it. What you don't seem to grasp that when someone initiates a lawsuit THEY have the burden of proof.
BINGO! If I was on a jury, she would be getting paid huge.
This is the exact problem with your thinking. WHY would she get a huge payout? Let's just SUPPOSE everything YOU said is correct. The damages the OP suffered were minimal at best. Another thing, which you leave out or just don't know about, is that cases with HUGE punitive damages are appealed and significantly reduced.
This is the exact problem with your thinking. WHY would she get a huge payout? Let's just SUPPOSE everything YOU said is correct. The damages the OP suffered were minimal at best. Another thing, which you leave out or just don't know about, is that cases with HUGE punitive damages are appealed and significantly reduced.
Keyword: Punitive.
Because the drug testing company never completed due diligence in performing the drug test.
Seriously...you really need to read up on guidelines that regulate this industry.
Actually the drug testing company NEVER contacted me at all. The first I heard of it was when my hospitals HR department contacted me saying I was suspended, and told ME to contact the drug testing company.
And they should have...to verify that you had a valid prescription before anything was reported back, because that would have avoided your suspension entirely.
ckh23, BSN, RN
1,446 Posts
This is the exact problem with your thinking. WHY would she get a huge payout? Let's just SUPPOSE everything YOU said is correct. The damages the OP suffered were minimal at best. Another thing, which you leave out or just don't know about, is that cases with HUGE punitive damages are appealed and significantly reduced.