When it comes to workers’ compensation, the use of marijuana can certainly impact your claim.
Let’s discuss how using marijuana can affect your Missouri workers’ compensation claim.
How Marijuana Usage Can Impact Your Claim
Even though marijuana may be legal under certain conditions in Missouri, there are tasks, such as driving the company motor vehicle or operating heavy machinery, that employees cannot do while on marijuana.
If your employer suspects that you were high on marijuana during your workplace accident, they could use this as a reason to discredit your claim. What’s more, if your employer can prove that you were impaired at the time of the accident due to marijuana use, they may have a solid basis to deny your claim.
How Can Marijuana Usage Impact My Credibility?
During your worker’s compensation claim, you may be required to appear before the insurance adjuster, Independent Medical Doctor, and even judge. If you show up high on marijuana during your appointment with any of these people, these can lead to accusations and questions that could hurt your claim and credibility. Also, if you fail your drug test, your credibility will be questioned.
Can Employers Order a Drug Test?
Yes. Employers in Missouri generally have the right to order a drug test, especially when they suspect an employee is intoxicated. If a drug test shows the presence of marijuana in your system, the employer’s insurance company may argue that the presence of cannabis led to impairment that caused the accident.
Also, employers often have policies against various drugs such as alcohol use at work or being impaired by other drugs at work. As such, if a drug test reveals that you used a prohibited drug at the time of the accident, this could lead to termination or denial of your workers’ comp benefits.
Does A Failed Drug Test Mean Automatic Denial of Your Worker’s Comp Claim?
If the drug test shows you were under the influence of marijuana during the time of your workplace accident, this could jeopardize your chances of getting workers’ comp benefits. However, this doesn’t mean your claim will automatically be rejected. Your employer generally must provide evidence that proves there is a direct relationship between your accident and injuries and the amount of marijuana found in your system for your claim to be dismissed.
Speak With a Missouri Workers Compensation Attorney
Have you been injured on the job in Missouri? Our experienced Missouri workers’ comp attorneys can evaluate your case for free. We are committed to defending workplace injury victims’ rights and can help you determine what you are entitled to after a work injury. Contact us today for a free consultation.
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