Can I Get Workers’ Comp If I Test Positive for Marijuana?

 Posted on July 29, 2024 in Workers' Compensation

Suppose you work in a corporate office in Fort Collins. One rainy day, as employees and visitors track water through the lobby, a puddle forms. You alert maintenance, but an hour later the area is neither mopped up nor marked with a caution sign. Crossing through the lobby to your lunch break, you forget about the puddle. You slip and fall hard, suffering a fracture in your wrist and a severely bruised knee. You are outfitted with a brace and crutches, and you are confined to at least two weeks’ bed rest.

You file a workers’ compensation claim with the human resources department, which orders you to take a drug test. You know that you smoked marijuana — which is legal in Colorado — the night before your injury. Still, you wonder: can a positive drug test affect your workers’ compensation claim?

This article will discuss how marijuana use can affect a workers’ compensation claim. Be sure to consult a Colorado workers’ compensation attorney if you were injured at work after using marijuana.

Is Marijuana Legal?

The first issue that must be explored is the legality of marijuana use. According to Colorado state law, the drug is a controlled substance that is legal for both recreational and medicinal use. Federal law, however, still considers marijuana an illegal substance.

Because of this, employers can take action against employees who test positive for marijuana. Many employers do not, for fear of limiting the worker pool and driving away employees. However, a company can fire a worker for using the drug, even when off work. The employer can also use the positive drug test result against the employee in a workers’ compensation claim.

Can I Still Get Workers’ Compensation If I Test Positive for Marijuana?

Although marijuana is legal in Colorado, state law considers you intoxicated if it is found in your system. Therefore, if you were determined to have marijuana in your system at the time of your work injury, your compensation for lost wages can automatically be slashed by 50 percent. Your claim for medical expenses may not be affected.

Importantly, this applies not only to recreational marijuana use but even to medicinal marijuana use. Showing a marijuana registration card does not mean drug use will be dismissed as a factor. Once you test positive for a non-prescribed controlled substance, the burden of proof is on you to show that you were not injured due to intoxication.

What Are My Rights?

There are a few important things to keep in mind regarding your rights in such a situation, though make sure to discuss your case in detail with a qualified attorney:

• You have the right to prove that the injury was not related to marijuana. Collect all the evidence you can and let your attorney build a compelling case.

• An employer is not allowed to use drug testing to scare an employee away from bringing a workers’ compensation claim.

• An employer is required by law to explain in the employee handbook that your workers’ compensation claim can be cut in half if THC is found in your system.

Contact a Fort Collins, CO Workers’ Compensation Lawyer

You have the right to do what you want during your off hours, but your employer has a right to forbid intoxication in the workplace. At Hoggatt Law Office, P.C., our attorneys are extremely knowledgeable in the legalities of marijuana use and we are ready to help you build a strong case for workers’ compensation. Call 970-225-2190 to schedule a free consultation with a Larimer County, CO workers’ compensation attorney today.