Workers’ Comp After Failed Drug Test: Can I Still Collect Benefits?

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Workers' Comp Failed Drug Test

Why workers’ comp after a failed drug test after a work injury should not automatically disqualify you from collecting Michigan workers’ compensation benefits.

Our clients are routinely drug tested after a workplace injury. This is done to save money on claims that can be denied. We understand why this occurs but take issue with how some injured workers are treated. It is not appropriate to insist on a drug test before emergency medical treatment is provided. Here is some info on your legal rights regarding workers’ comp after a failed drug test in Michigan.

Drug testing is standard procedure for many employers in Michigan and it should not be taken personally. Testing positive for marijuana could be a justification for disputing payment of benefits. However, an employee will not be automatically disqualified unless he or she was intoxicated at the time of injury. This is an important distinction that employers and insurance companies miss. Refusing a workers’ comp drug test is done at your own peril as the fact finder might conclude that you have lied.

Workers’ comp is supposed to pay medical, lost wages, and vocational rehabilitation benefits regardless of employee fault. These benefits can be disputed under very limited circumstances. Using marijuana on-the-job is enough reason to deny payment. However, workers’ comp after a failed drug test in Michigan is not the end of collecting benefits. There must be some evidence of intoxication at the time of the workplace accident.

Marijuana is known to stay in the system for days, weeks, or months after use. It should not be assumed that an employee was intoxicated just because he or she failed a drug test. Be cautious of coworkers who say that you were using marijuana on-the-job. Our experience shows that coworkers lie to protect their own jobs. Ultimately, it will be up to the magistrate to decide who is telling the truth and if workers’ comp benefits should be paid.

Employers can also dispute payment of lost wages if they have a strict policy against drug use. This can happen when an employee is fired based upon misconduct. The idea is that a disabled employee is no longer available for light duty work because he or she tested positive for drug use. Employees in Michigan must accept light duty work and getting fired operates like a refusal. It does not matter if an employee has a medical marijuana card or not.

Watch out for employers who unfairly single people out of workers’ comp after a failed drug test in Michigan. We have many cases where coworkers, managers, and even business owners use marijuana. Unless the employer has a strictly enforced anti-drug policy, workers’ comp after a failed drug test in Michigan should not automatically disqualify a disabled employee from receiving lost wages. Speak with an experienced workers’ comp lawyer if this occurs to ensure legal rights are protected.

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:

Forced back to work after an injury

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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.