Workers’ Comp Issues when cannabis is legal

As the number of legal cannabis states increases, workers and employers are taking note of the impact on workplace injury claims.

Most legal challenges involving workers’ comp and cannabis hinge on two questions: Can testing positive for THC undermine a workers’ comp case if the employee is a legal medical cannabis card holder? and Can the presence of THC in the employee’s drug screen after an accident be used as “proof” of being under the influence during work hours?

Each state sets its own workers’ compensation system, and each state also has its own regulations in terms of legality of cannabis.

But even in states that do cover workers’ compensation claims in spite of drug screens, federal illegality still hangs over the situation.

   

For instance, in some states if a person gets hurt at work and tests positive for THC in a subsequent drug test – even though that test can’t specify the exact day/time that the person may have been impaired – the mere presence of the substance can cause an entire claim to be tossed.

Recently, in Missouri, HR/legal experts have provided a rote response – you cannot legally consume during work hours, and if you are hurt, even without having used during work hours, if you are injured on the job and THC is found in your blood test, your workers’ comp is reduced by 50%.

Without a drug screen in use than can easily prove use while on the job, employees are unable to “fight” without taking legal action.  So what’s a medical patient to do if working at a job that drug tests in the event of an accident?  Experts suggest you consult a legal professional.