Workers’ Comp Drug Test in Michigan: What You Need to Know

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Lawyer discusses the workers’ comp drug test in Michigan and explains your legal rights.

Workers Comp Drug Test in Michigan: What You Need To Know

We get many telephone calls and emails from employees who are worried about failing their workers’ comp drug test in Michigan. It is the 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.

Michigan workers’ comp law provides benefits to employees hurt on-the-job. This includes unlimited medical treatment, 80% lost wages, and vocational rehabilitation services. It is a safety net for employees who need medical care are/or unable to work because of a workplace accident. In exchange, employers receive immunity from civil lawsuits and do not have to pay additional damages.

Michigan workers’ comp benefits should be paid regardless of employee fault. It does not matter if the accident was caused by employee negligence, horseplay, or general carelessness. However, there are some instances when these claims might be disputed. This usually occurs when an employee fails a workers’ comp drug test in Michigan.

Employees who are found to be intoxicated at the time of injury will be automatically disqualified from collecting workers’ comp benefits. However, it is not enough that an employee simply fails a workers’ comp 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. It is equally possible that the employee was smoking marijuana during his or her off hours.

Watch out for testimony from coworkers who say intoxication played a role in the accident. This evidence can be used against you at trial. 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 another person’s expense.

It 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 an employee at trial.

We have also seen employers take a strong position against drug use in the workplace. Failing a workers’ comp drug test in Michigan can result in termination of employment. When this happens, the employee can lose out on wage loss benefits even if no proof of on-the-job 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.

We have seen many cases where drug use is common among coworkers and the injured employee is unfairly singled out. Refusing a workers’ 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.

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:

Danger of marijuana use while on workers’ comp

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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

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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.