Danger of marijuana use while on workers’ comp

Call now for a free consultation
Available 24/7

Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
Get Help From our Michigan Workers’ Comp Lawyers Today
You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and we pride ourselves on providing you with care, trust, and responsiveness.

What disabled employees need to know about getting fired and their wage loss benefits under workers’ comp.

Drug TestsYesterday’s blog post was about a medical marijuana user who suspected a job offer was rescinded when she failed a drug test. She filed a lawsuit and the Michigan Court of Appeals found an employer is permitted to withdraw its job offer under these circumstances.

We also discussed how this case might impact our workers’ comp clients. Employers can challenge payment of wage loss benefits if they have strictly enforced anti-drug policies. Employee misconduct can be used as a basis to fire someone from light duty work.

Michigan law says an employer does not have to pay wage loss benefits if they provide “reasonable employment.” It must be within restrictions from a doctor and pose no danger to health or safety. It should also be a practical distance from an employee’s home. Reasonable employment is not limited to past jobs or even to skills and qualifications.

Disabled employees who fail to accept reasonable employment forfeit wage loss benefits. Our experience shows employers offer demeaning jobs with the hope that a person quits. Drug tests are also common to catch people who might have smoked marijuana. This can be used to fire employees based upon misconduct. The idea is that a disabled employee could have been working but for their marijuana use.

Watch out for employers who do not have strictly enforced anti-drug policies but use positive drug tests as an excuse to fire. Disputes about payment of wage loss benefits can be challenged in court. We recommend contacting a lawyer if this occurs.

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 (844) 201-9497 for a free consultation today.

Related information:

Can my boss make me work after an injury?

Photo courtesy of Creative Commons, by Francis Storr.

Leave a Reply

Your email address will not be published.

Author Bio Jeffrey Kaufman

Author
Jeffrey E. Kaufman
Michigan Workers Comp Attorney

Jeffrey E. Kaufman has extensive experience in workers compensation cases and has recovered millions of dollars in benefits for his clients. He believes all injured workers deserve to be on equal footing with insurance companies and employers, and fights tenaciously so their rights are secured and protected.


“Jeff also helped me with getting my Blue Cross bills paid. I would absolutely recommend him and the whole firm. Jeff and the firm did everything they were supposed to do for me and my case.”
Ricardo Perfetto

Hundreds of 5-Star Reviews

Related Blog Posts

Get Help From our Michigan Workers’ Comp Lawyers Today

You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and our clients love how they’re treated with care, respect, and responsiveness. We will give you the time you need, we will explain your legal rights, and we will always treat you with respect.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.