Recreational use of marijuana is legal so can I get work comp benefits if I smoke weed?
Michigan voters approved the recreational use of 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. A common question we get asked by our Michigan clients is can I get workers’ comp if I smoke weed? The answer is yes, no, and maybe. Keep reading for a discussion 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?
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 benefits. Watch out for employers who take advantage and scare employees into not making a claim.
Can I get workers’ comp if I smoke weed and I am intoxicated on-the-job in Michigan?
In Michigan, if you smoke weed it can be used to dispute payment of workers’ comp benefits. Intoxication when an employee gets hurt is considered misconduct and excuses the employer from having to pay any benefits. Simply failing a drug test should not be an automatic disqualifier if a person was not high. Evidence must show intoxication at the time of the accident.
Our clients frequently get drug tested after a workplace accident. Remember that this is a standard procedure for most employers, and it should not be taken personally. Watch out for employers who use it as a pretext to dispute a claim.
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 that 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 make 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 a 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 because the boss himself was doing it. 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 in Michigan and you have questions about your workers’ comp claim because you smoked weed, call now at (855) 221-2667 or fill out our contact form for a free consultation with an experienced lawyer. There is absolutely no cost or obligation. We’re here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from on-the-job injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
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.
Remember, every workers’ comp claim is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
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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