If you get hurt while on the job, a type of insurance coverage called workers’ compensation will be available to you. It’s put in place to protect both workers and their employers in the case of workplace injuries. The system itself is one of no-fault. This means you don’t need to prove negligence to receive benefits from your illness or injury. There are a few exceptions to this rule. There are cases where you may get denied workers’ comp if you fail a drug test. This is when a workers’ comp drug test becomes an issue.
There are states that have laws that may disqualify the injured party from workers’ comp if the drug use caused or contributed to the accident. Even if you were not impaired at the time of your workplace accident, you may still have traces of the drug in your system. If you consented to a drug test following an injury and you failed, Remember, failing a drug test does not mean you’re ineligible for workers’ compensation.
However, that also doesn’t mean you’ll get off scot-free. Even though marijuana is now legal in California, and other states it is still illegal at the federal level. In the case that you test positive for having marijuana in your system, your claim is still valid but may be jeopardized in some manner.