Social Security

– The second occurs in any case, whenever as a result of the injuries the worker had seen decreased of permanent form his capacity to carry out a work on another’s account, regardless of which outside origin of these injuries (an accident or disease, common or professional). Really, in an accident in which a drug consumption occurred, although it would not suppose difficulties with respect to the Request of permanent Dissability before the Social Security; if it would enormously harm the possibility of obtaining an indemnification of the Industralist. Since there are saying, this indemnification has capacity solely when that one was the person in charge of the injuries. And in a case in which the worker had consumed drugs or alcohol, he would be very simple to allege that it was the lack of concentration or of it brings back to consciousness motivated by the consumption of these substances which caused the fatal outcome. Thus, unless an evident failure in the safety measures of the company that had triggered the accident, intoxication or poisoning by drugs had taken place would with complete certainty prevent any possibility of obtaining an indemnification. It would be understood in these cases that the culprit of the happened thing would be the own worker to have gone to the position under the influence of such substances. Others aspects to consider Could happen that the ingestion of the drug had been place several before, being the worker in total conditions when the accident took place. And it is that our organism takes several days, and sometimes even weeks, in expelling the substance from the body.

That could be a good argument in favor of the worker to try to resist the affirmations of its Industralist in relation to the reason by which the accident happened. However, in all these cases it is precise to consider that many employers have a policy of tolerance zero against the consumption of substances, being indicated that the consequence of a test of positive urine will be the disciplinary dismissal. Thus, even if the accident I am not in an incapacity, it could anyway suppose the completion of the contract of work by that dismissal, irrespective of whether the drug never had been consumed in the work place. The best solution is always to avoid the consumption of those substances and, in the case of the alcohol, not to do it during the labor day or in the hours immediately previous to the same.