Testing positive for marijuana and sustaining an on-the-job injury can put you and your employer in a complicated situation. While your being intoxicated on the job will raise concern, you should contact an attorney to determine whether or not your intoxication will prevent you from obtaining workers’ comp benefits.
Getting high can severely hinder your ability to do your job. However, being impaired won’t automatically lead to a work-related accident. The denial of workers’ comp benefits depends largely on the state law as well as the employee’s ability to prove that your intoxication caused your injury.
In certain situations, an individual can test positive for THC from using CBD Oil without actually having been high. If you can back your claim of not being top with hard evidence that explains the THC in your system, you will be in a much better place to receive benefits.
If you were high on marijuana at the time of an on-the-job injury, the employer still needs to prove that your intoxication was the primary cause of your injury. In some cases, a worker may have been high but also may have sustained an injury for different reasons. For example, an individual may have smoked before work and attacked by an angry customer during the business day.
In the previous example, the scenario of intoxication and the reality of the injury are two separate things. In a workers’ comp case, the employer has the burden of proof and are solely responsible for providing evidence that your intoxication is the reason for your injury.
Worker’s comp laws are created with the employee’s best interests in mind. While it is ideal for you not to be intoxicated on the job, certain situations cannot be avoided. Typically, if your attorney can provide solid defense as to the cause of your accident, you will be able to earn your workers’ comp benefits.
Though it may be difficult to get past the details of your intoxication, if you know you were not at fault in the situation, you deserve justice. Search the SK Law blog to find out more information regarding your claim. Depending on the circumstances of your injury, you’ll find that an attorney will easily be able to put together a case to fight for your benefits.
In some cases, even if you know you were intoxicated, an employer may not do a post-injury drug test. Often, employers won’t go out of their way to assume their employees are drunk or high on the job and thus won’t want to pay any additional costs to drug test you.
If you are facing a workers’ comp claim and need legal aid, don’t hesitate to call an experienced attorney at SK law for help. With the right lawyer, you’ll be able to get past any claims of intoxication and be awarded the workers’ comp benefits that are rightfully yours.