Drugs in your system and workplace accident

The Son of Man

The Son of Man

Well-Known Member
A guy I used to smoke with practically everyday fucked up huge Monday at a coal mines he works in. He was moving the continuous miner to a new spot and pinned someone against the wall. They think the guy is going to lose his legs and he may be paralyzed. He had to take a drug and alcohol test and he says there's no way he's going to pass. He's so fucked :-(
 
Twistyman

Twistyman

Well-Known Member
He's toast..even if he doesn't get charged with causing grievous bodily harm while impaired..he'll prob. get sued.... grim stuff... sad about the poor victim....
 
The Son of Man

The Son of Man

Well-Known Member
apparently right after the accident and the guy was getting put on the stretcher they took him back to the bath house to question him, piss test and breathalyzer test him. He's freaked out big time. He was really good friends with the guy he hurt. He was holding the remote control you steer the thing with and he pushed the joystick the wrong way. The guy wasn't supposed to be where he was.
 
cheeseysynapse

cheeseysynapse

Well-Known Member
Yeah, he's fucked. The insurance company is gonna fight this hard and probably win.....

I don't think there will be criminal charges....But the guy who is hurt...that dude already has an attorney. And your friend will probably be involved in a civil suit. Probably would be if we was clean and sober as a preacher.
 
Kingb420

Kingb420

Well-Known Member
synthetic urine STAT! always keep one for yourself or a friend in need... ebay $25 and they DO WORK, 97% of us employers use cheap urine tests still , hand warmer it up to body temp and put in bottle. even in the military i only had a guy have to stand there and watch only one time (ecstasy using squad leader friend...lol)
 
OregonMeds

OregonMeds

Well-Known Member
He wasn't intoxicated on the job and there is no way to prove he was or wasn't...I don't see this as a win.

It'll be a costly battle though, enough to bankrupt him. Move all assets out of your name very cleverly and stay broke? Can't get blood from...

He needs to call the folks at NORML though, they have legal resources that *might* shed a little more light than my guess here or anyone elses though.
Might meaning not sure if that only applies to paid members.
 
The Son of Man

The Son of Man

Well-Known Member
these are country people---not litigious like city folk. He's worried about going to jail and never being able to coal mine again. He went to college for that shit and was making over 100k a year doing it. Basically his life is over and he has two little girls.
 
cheeseysynapse

cheeseysynapse

Well-Known Member
The Son of Man said:
these are country people---not litigious like city folk. He's worried about going to jail and never being able to coal mine again. He went to college for that shit and was making over 100k a year doing it. Basically his life is over and he has two little girls.
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His lawyer is gonna say otherwise......I understand where your coming from. But, I wouldn't put it past anyone these days.
 
OregonMeds

OregonMeds

Well-Known Member
You can't go to jail for an accident off the highways etc and he wasn't on the road to make it a dui. I bet they didn't even do an impairment test did they where they actually look for signs of intoxication at the time in a way that could be backed up. So then all they have is a test showing he smoked in the last month or whatever.

It's a workplace accident that's all it is. Can get fired though. Probably will...
 
The Son of Man

The Son of Man

Well-Known Member
There's laws in West Virginia for coal miners and drugs. He was like a foreman or a level below that so he pretty much knows what's going to happen.
 
A

atombomb

Well-Known Member
A marijuana test is not legally pending in an after accident test because it does not tell the results of use on the spot like the breathlizer does. ALl it can tell you is that you have it in your system, there is no way to tell when he had last used. If it was weeks and weeks ago how could he be charged? ANY good attorney will Kill that shit in Court. He can be fired from the company depending on the drug policy there though and that sucks , but If the guy was not supposed to be where he was, that shit can happen.
 
misshestermoffitt

misshestermoffitt

New Member
The guy who was somewhere where he shouldn't have been, did he have to take a piss test? I'm sorry he's hurt, but if he was wandering around out of place, how does anyone know he wasn't drunk or something?

If the one guy has to be tested, then the other one should be tested too, it's only fair.
 
DWR

DWR

Well-Known Member
misshestermoffitt said:
The guy who was somewhere where he shouldn't have been, did he have to take a piss test? I'm sorry he's hurt, but if he was wandering around out of place, how does anyone know he wasn't drunk or something?

If the one guy has to be tested, then the other one should be tested too, it's only fair.
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Not taking sides or anything, but why should the other guy get tested when obviously he was just standing there, the guy who opperates should watch out.


peace hope all goes well, if the other dudes a good friend. i am sure the guy who got pushd agains the wall will drop charges !!!!!!!!!!!!!!!!!!!!!
 
misshestermoffitt

misshestermoffitt

New Member
It was said that the guy who got hurt was in an area he wasn't supposed to be in that puts him at fault as well. If people aren't supposed to be walking or hanging around in that area, then the other guy wouldn't have expected him to be there.

If you are at the zoo and you jump into an area you aren't supposed to be in and a lion kills you, who is at fault, you or the lion?



DWR said:
Not taking sides or anything, but why should the other guy get tested when obviously he was just standing there, the guy who opperates should watch out.


peace hope all goes well, if the other dudes a good friend. i am sure the guy who got pushd agains the wall will drop charges !!!!!!!!!!!!!!!!!!!!!
Click to expand...
 
DWR

DWR

Well-Known Member
misshestermoffitt said:
It was said that the guy who got hurt was in an area he wasn't supposed to be in that puts him at fault as well. If people aren't supposed to be walking or hanging around in that area, then the other guy wouldn't have expected him to be there.

If you are at the zoo and you jump into an area you aren't supposed to be in and a lion kills you, who is at fault, you or the lion?
Click to expand...

My fault.....

But its like saying :

when i skateboard, jump off some stairs..... a car comes.. who's fault is it ... the cars or mine ?




I should of look'd b4 doing something.....
 
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