10/01/2013

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Social Security Ultimately, in an accident which gave a drug consumption, although this would not be difficulties with regard to the application of permanent disability to the Social Security; If it would greatly harm the possibility of obtaining compensation from the employer. As we have said, such compensation can accommodate only when he was responsible for the injuries. And in a case in which the worker would have consumed drugs or alcohol, it would be easy to argue that it was lack of concentration or consciousness motivated by the consumption of such substances which caused the fatal outcome. Thus, unless a clear failure had occurred on the security measures of the company that would have triggered the accident, drunkenness or intoxication by drugs impede safely any possibility of obtaining compensation. It would be understood in these cases that the guilty of what happened would be the worker by having gone to the post under the influence of such substances. Other aspects to take into account could occur that the ingestion of the drug had taken place several days earlier, while the worker in full conditions when the accident took place. And is that our body takes several days, and sometimes weeks, to expel the substance of the body. That might be a good argument in favour of the worker to try to counter the claims of his employer in relation to the reason why the accident happened. However, in all these cases is necessary to take into account that many employers have a policy of zero tolerance against the consumption of substances, pointing out that the consequence of a positive urine test will be the disciplinary dismissal. Thus, even if the accident not resulted in a disability, could assume anyway termination of the employment contract by that dismissal, with independence that would...

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