Lawyer discusses the workman’s comp drug test in Michigan and explains your legal rights.
We get many telephone calls and emails from employees who are worried about failing their workers’ comp drug test in Michigan. It is usually the first thought that comes to mind when being sent to the employer clinic. This is especially true now that recreational marijuana is legal in Michigan. Here is some information about getting hurt at work and your legal rights.
Does workers’ comp drug test in Michigan?
In Michigan, it is extremely common for an employer to ask for a drug test for workers’ comp when an employee suffers an accident. These are usually performed at the industrial clinic where initial medical treatment is being provided. Refusal can result in a disputed claim.
What happens if I get hurt, but I was intoxicated?
Employees who are found to be intoxicated will be automatically disqualified from collecting workers’ comp benefits. However, it is not enough that an employee simply fails a drug test in Michigan. This is because marijuana and other substances remain in the system for days or weeks after use.
It should not be assumed that an employee was intoxicated just because he or she tested positive for drugs. It is equally possible that the employee was smoking marijuana during his or her off hours.
Do all workers’ comp claims require a drug test in Michigan?
In Michigan, there are many employers who do not drug test after a workplace accident and it is not a requirement to collect workers’ comp wage loss or medical benefits.
What happens if I get hurt, but it was not my fault?
Michigan workers’ comp benefits should be paid regardless of fault. It does not matter if the accident was caused by negligence, horseplay, or carelessness. However, there are some instances when claims might be disputed. This usually occurs when an employee fails a workman’s comp drug test in Michigan.
Can I refuse a drug test from workers’ comp in Michigan?
In Michigan, an employee cannot be forced to have a drug test but failure to cooperate will most likely result in a disputed work injury claim. It is also possible that an employee will be terminated from his or her job.
We have seen many cases where drug use is common among coworkers and the injured employee is unfairly singled out. Refusing a workman’s comp drug test in Michigan will typically result in an automatic dispute. It is a good idea to speak with an experienced lawyer should this occur.
Coworkers are lying about being on drugs or alcohol.
Watch out for testimony from coworkers who say intoxication played a role in the accident. This evidence can be used against you. It will be up to the magistrate to decide who is telling the truth. Our experience shows that coworkers will always protect themselves and will do so at your expense.
It is also possible for a medical expert to testify that drugs were found to be in a high enough concentration that intoxication was likely at the time of accident. This is evidence that can also be used against you at trial.
Can you be drug tested while on workers’ comp in Michigan?
In Michigan, you can be drug tested while on workers’ comp and failing a drug test can result in termination of employment. When this happens, the employee can lose out on wage loss benefits even if no proof of intoxication exists. The idea is that light duty work is available but for the employee’s misconduct and getting fired. This can be challenged in court if the employer does not have a strictly enforced anti-drug use policy.
Injured on the job in Michigan? Call now, our attorneys can help!
If you were injured on the job in Michigan, call now to speak with an experienced attorney, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 35 years. Our attorneys can help you better understand Michigan laws and what happens after someone has been hurt on the job. To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (855)-221-2667 for a free consultation today.
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