A Bad Fall at Work Led to a Fight for Workers’ Compensation

By bwhlawoffices | Posted on February 15, 2026

Worker with hard hat falling from a ladder onto a concrete floor. The ladder is propped up on the side of a house.

A young employee in Houston County, GA, fell from a ladder while on the job. The evidence indicated that he was intoxicated with THC at the time of the fall, but BWH’s Jed Hill proved that the evidence was not what it seemed.

Falling at the Jobsite

The young man was on a ladder installing siding on a house when he lost his balance and fell to the ground, breaking one of his ankles in several places. His injuries were severe enough to require several surgeries, leading to more than $100,000 in medical bills.

In the process of receiving treatment and filing for workers’ compensation, his blood was tested for any substances that could have caused intoxication at the time of the fall. Unfortunately, the test results were positive for THC.

How Buzzell, Welsh & Hill Got Involved

The victim turned to Buzzell, Welsh & Hill for legal help, as he knew he was not intoxicated that morning like the test results suggested. He did admit to using marijuana a few weeks prior to the incident, but he insisted that he was clean the morning of the fall.

Even though the case seemed weak, Jed believed the victim was telling the truth and decided to take him on as a client. Jed got to work investigating the situation and interviewing the other employees on the scene. Jed spoke to the foreman in charge of the crew that morning, who shared some interesting details about the day.

According to the foreman, it was routine for the crew assigned to the house to convene in a nearby parking lot each morning before heading over to the actual jobsite. That morning, one team member had not shown up at the meeting spot. So, the foreman instructed Jed’s client to drive the other crew members to the jobsite while he checked in on the absent employee.

This foreman was not new to his job; he had plenty of experience managing crews and knew how to spot signs of intoxication among his team members. In talking with Jed, he insisted that he would not have asked an intoxicated crew member to drive a vehicle loaded with other team members to a jobsite.

The Trial

The case went before a judge at a workers’ compensation hearing, where Jed presented the foreman’s testimony, along with other evidence and witness testimony. In the end, the judge ruled in favor of the victim. Even though his toxicology report showed that there was THC in his system at the time of the test, Jed and his team were able to overcome the presumption that the victim was intoxicated the morning of the fall.

The Results

Because the court ruled in favor of the victim, insurance covered the victim’s medical bills and provided some additional benefits to aid in the recovery process. After about a year of treatment and therapy, his ankle was restored, and he was able to return to work.

The Evidence Was Strong, But BWH’s Fight Was Stronger

Jed Hill knew that arguing against a toxicology report would be a challenge, to say the least. But it was a challenge he tackled earnestly, because he believed in the validity of his client’s claim that he was not intoxicated the morning of the fall. And he overcame the challenge by proving it in court.

If there are two truths to take from this success story, they are these:

If your workers’ compensation claim is denied, don’t automatically believe what your employer or the insurance company tells you.
Turn to Buzzell, Welsh & Hill for expert guidance, fierce representation, and a strong fight for the compensation you deserve after a workplace incident.

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