If you suffer an injury at work, your priority is getting the care and benefits you need. But if you use medical marijuana under a doctor's recommendation, you may worry about your employer using this as a reason to deny your workers' compensation claim.
Navigating this situation requires understanding your rights. Pennsylvania permits the use of medical cannabis. However, employers and their insurance companies may try to claim your accident happened because you were impaired or high. A lawyer experienced in medical marijuana cases can help protect your rights and fight unfair claim denials. This guide explains the intoxication defense and the steps you must take to protect your right to benefits.
The Intoxication Defense in Workers' Compensation
Workers' compensation provides no-fault benefits to employees with job-related injuries. This means you generally receive benefits without needing to prove your employer was negligent. However, insurers may deny a claim if they believe the injury resulted from your own intentional misconduct, such as intoxication.
When an employer or its insurer blames your medical marijuana use for an accident, they use the intoxication defense. To succeed, they must do more than simply show that marijuana was in your system. They typically must prove two things:
- You were actually impaired at the time of the accident.
- Your impairment was the direct cause of your injury.
How Employers Try to Prove Impairment
Proving impairment from marijuana presents a challenge because THC, the active component, can be detected in drug tests for days, weeks or even months after marijuana use, long after any intoxicating effects have subsided.
An insurer cannot lawfully deny your claim based only on a positive test result. They must produce specific evidence of on-the-job impairment.
Employers and insurers may use the following to build their case:
- Post-Accident Drug Testing: A positive test is often the starting point, but it does not prove impairment or causation on its own.
- Supervisor and Coworker Observations: They may use testimony about your behavior, such as slurred speech, confusion, or poor coordination, immediately before the accident.
- Expert Testimony: The insurer might hire a toxicologist to offer an opinion about whether the THC level in your system would likely cause impairment.
- Violation of Company Policy: Many employers, especially in safety-sensitive industries like construction or manufacturing, maintain zero-tolerance drug policies. While violating such a policy might be grounds for termination, it does not automatically disqualify you from receiving workers' compensation benefits. The insurer must still prove the impairment caused your injury.
The Federal Law Complication
Marijuana remains an illegal Schedule I substance under federal law. This creates a direct conflict with state medical marijuana laws. For workers in federally regulated, safety-sensitive positions, such as truck drivers subject to Department of Transportation (DOT) rules, federal law preempts state law.
A positive marijuana test for a DOT-regulated employee can lead to immediate removal from duty and may create a strong presumption that the intoxication defense applies.
How a Workers’ Comp Lawyer Can Help You When Your Comp Claim is Denied Due to Medical Marijuana Use
Your lawyer will contest the evidence of impairment by questioning the validity of drug test results, cross-examining the insurer’s witnesses, and gathering testimony from your own medical providers. They handle all communications with the insurer and represent you in all legal proceedings to secure the benefits you deserve.
What to Do If Your Employer Raises this Defense?
- Seek Legal Counsel: This is the most critical step. A workers' compensation attorney experienced in these cases can provide guidance specific to your situation and state laws. They can help you understand your rights and build a strong case.
- Do Not Admit Fault: Avoid making any statements to your employer or their insurance company that can be interpreted as an admission that your medical marijuana use caused your injury.
- Gather Evidence: Collect any evidence supporting your claim that the injury was work-related and not caused by impairment. This can include witness statements, accident reports, and medical records.
- Understand Your Medical Marijuana Recommendation: Be prepared to provide a copy of your valid PA medical marijuana card.*
*A medical marijuana recommendation or certification is a document issued by a licensed physician that allows a patient to legally obtain and use cannabis for medicinal purposes where medical marijuana is legal.
Medical Marijuana and Employment FAQs
What is the difference between a positive drug test and legal impairment?
A positive drug test confirms the presence of a substance in your body. Legal impairment refers to a state where the substance has diminished your ability to perform your job safely.
For marijuana, a positive test for THC does not, by itself, prove you were impaired at the time of the injury, as THC remains detectable long after its effects wear off. An insurer must provide additional evidence to prove you were actually impaired and that the impairment caused the accident.
Does workers' compensation pay for medical marijuana?
In Pennsylvania, yes. Jenifer Kaufman can answer questions about your specific situation. You should also review our Medical Marijuana page for more information.
What if I work in a federally regulated job?
If your job is subject to federal regulation by the Department of Transportation (DOT) or the Department of Energy (DOE), federal law overrides state law. Federal regulations have a zero-tolerance policy for marijuana use. A positive test will disqualify you from performing safety-sensitive duties and will likely bar your workers' compensation claim.
Talk to a Medical Marijuana Reimbursement Lawyer Now
If your workplace accident claim has been affected by your use of medical marijuana, you should contact an Abington workers' compensation attorney as soon as possible. Understanding your rights and the relevant laws and seeking a workers’ comp attorney with skill in obtaining medical marijuana reimbursements can help you effectively deal with an otherwise challenging situation.
Contact a lawyer today.