Does Marijuana Affect Workers’ Comp Claims?

While many states have legalized the use of recreational marijuana, South Carolina is not one of them. Although the Senate has passed legislation legalizing medical marijuana, the House of Representatives has rejected several versions of the bill. Although your employer has the right to request drug screening at random, drug testing is not required to receive workers’ comp benefits. However, testing positive for marijuana can impact your ability to collect workers’ compensation.

At Fulton & Barr Attorneys at Law, our Greenville workers’ compensation lawyers are here to defend your rights. If you were denied workers’ compensation benefits based on drug screening for cannabis use, do not hesitate to reach out to our team of experienced attorneys.

What Happens if I Fail a Drug Test After Applying for Workers’ Compensation?

In South Carolina, drug screening is not a prerequisite for qualifying for workers’ compensation. Even so, failing a drug test is unlikely to affect your claim unless the substance use directly contributed to your accident. Proving that the drugs were in your system, thereby causing your accident, can be difficult to establish. This will require the insurance company to gather evidence demonstrating that the drugs impaired your reasoning or coordination, resulting in your work-related accident or injury.

Most times, testing positive for marijuana may cause a delay in benefits but not an outright denial. Albeit your employer reserves the right to fire you for drug use on the job. Illicit use of a controlled substance can also result in criminal penalties. Under SC Code §44-53-370, a person found in possession of just an ounce of marijuana may be imprisoned for 30 days and fined up to $200.

Hiring a Workers’ Comp Attorney in Greenville, SC

If you have failed a drug test or if your employer is threatening to deny you benefits based on your marijuana use, our Greenville workers’ compensation lawyers can assist you. At Fulton & Barr Attorneys at Law, we will investigate your claim to determine if your drug use played any part in your work accident.

Making this evaluation will be based heavily upon witness testimony. If co-workers claim that your eyes were bloodshot and that you behaved impulsively prior to your accident, then this most certainly impacts your workers’ comp claim. Potentially, your workers’ compensation claim may be denied since your impairment would have contributed to your injuries.

If there is no proof establishing your impairment, then our workers’ compensation attorneys will gather the necessary evidence to move your claim forward. If your claim is denied, you do have the option of appealing to the workers’ compensation commission.

Dealing with a Denied Claim? Contact our Greenville Workers’ Compensation Lawyers Today

Getting injured on the job can threaten your financial security. If you were recently injured at work but had your claim denied, our Greenville workers’ compensation lawyers are available to assist you. At Fulton & Barr Attorneys at Law, our legal team is dedicated to helping hard-working folks such as yourself recover adequate compensation to cover your lost wages and medical bills. To schedule your free consultation to learn more, contact us online or by phone.