Recreational use of marijuana is legal so can I get work injury benefits if I smoke weed?
Michigan voters approved use of recreational marijuana in 2018. Individuals can now smoke pot without fear of state criminal prosecution. Medical use of marijuana has also been legal since 2008. It remains illegal under federal law and progress has not yet been made on that front. A common question we get asked is can I get workers’ comp if I smoke weed? The answer is yes, no, and maybe. Keep reading for a breakdown of this complicated issue. Please remember that every situation is different, so it is best to speak with an attorney directly.
Are workers’ comp benefits still available if you smoke weed?
In Michigan, workers’ comp benefits are still available if you smoke weed. It pays for medical treatment and lost wages. Testing positive for marijuana should not be used to automatically dispute payment of essential benefits. Watch out for employers who take advantage and scare employees into not making a claim.
Benefits might be disputed if you are smoking weed against the advice of your doctor. This could be considered failure to follow medical advice.
Can I get workers’ comp if I smoke weed and I am intoxicated on-the-job?
Smoking weed can be used to dispute payment of workers’ comp benefits. Under state law, being intoxicated when an employee gets hurt is considered misconduct and excuses the employer from having to pay benefits. Simply failing a drug test should not be an automatic disqualifier. Evidence must show intoxication at the time of accident.
Our clients frequently get drug tested after a workplace accident. Remember that this is standard procedure for most employers, and it should not be taken personally.
What if a drug policy is not strictly enforced in the workplace?
We have seen employers take a very hard position against recreational marijuana in the workplace. Failing a drug test can result in termination of employment. Wage loss benefits can be disputed based upon termination. The idea is that an employee could have been working under restrictions but for their marijuana use. Employers who do not have a strict policy against marijuana will have a hard time using this defense. Medical benefits should be paid regardless.
Can I dispute a workers’ comp claim if I smoke weed and failed a drug test?
Workers’ comp benefits are still available if you smoke weed, and you test positive for marijuana. Watch out for employers who use a failed drug test as a pretext to dispute payment of benefits.
We once had an employer admit on cross examination that he smoked weed before starting his workday. This fact was used at trial to show there was no strictly enforced drug policy. Unless there is a strict drug policy against marijuana use, it is still possible to get workers’ comp benefits.
Where to get help if workers’ comp benefits are denied?
Issues with smoking weed and workers’ comp are going to be raised for years to come. It will be interesting to see how courts deal with these cases. Check our Michigan workers’ comp blog regularly for additional legal updates. Please call if you feel workers’ comp benefits have been unfairly denied.
Injured on the job and need legal help? Call our work injury attorneys now!
If you were injured on the job and you have questions about your workers’ comp claim because you smoke weed, 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 40 years. Our attorneys can help you better understand work injury 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 40 years. Call (855) 221-2667 for a free consultation today.
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