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The Law Offices of Steinhardt, Siskind and Lieberman, LLC. Something else

Will I Lose My Workers’ Compensation Claim if I Fail a Drug Test?


It’s common practice for workers’ compensation insurers to require a drug test after a workplace accident or injury. Those who use or abuse drugs while on the job could find that their claim is denied. However, the mere use of a drug like marijuana, which is now legal in Maryland for adults, isn’t enough to defeat your claim. It may, however, complicate matters if your employer suspects you of using it while on the job.

Maryland employers may still conduct drug tests on employees. They have the power to prohibit employees from using marijuana both on the job and during their recreational time. They can discipline or fire employees who use marijuana. So, that is something to bear in mind when you are filing a workers’ compensation claim.

Do you need to take a drug test if you were injured at work?

 There are no laws that either prohibit or require an employer from requiring drug tests from an employee who was injured on the job while at work. At present, the workers’ compensation insurer can request a drug test from an employee who is injured on the job. If a drug like marijuana shows up on the drug test, they may be able to use that as an excuse to deny the claim. Employees who refuse to take a drug test after a workplace injury may be fired by their employer.

What happens if THC (marijuana) shows up in my system after a workplace injury? 

The employer and the workers’ compensation insurer can use a positive tox screen as the basis to deny your claim. This is true even though marijuana is now legal for adults to use in the state of Maryland. If you are a recreational marijuana user who is injured on the job, you will need a skilled workers’ compensation attorney to handle your case. While the insurer can deny a claim for any number of reasons, you have a right to appeal the decision and litigate your claim. In that case, the matter would be settled by a judge who would determine whether or not your claim is valid. At present, however, there is no rule prohibiting a workers’ compensation insurer from denying a claim based on a positive marijuana result in a drug test.

As an injured worker, you will have better success filing your claim with the aid of a skilled Maryland workers’ compensation lawyer.

Can I refuse a workers’ compensation drug test? 

You can’t be compelled to take a drug test against your will, but you can be held responsible for not consenting to the drug test. The workers’ compensation insurer may deny your claim on the basis that you refused to take a drug test. The best way to handle this situation is to enlist the aid of a seasoned workers’ compensation lawyer.

Talk to a Maryland Workers’ Compensation Lawyer Today 

Law Offices of Steinhardt, Siskind and Lieberman, LLC represent the interests of Maryland workers who have been injured on the job. Call our Maryland workers’ compensation attorneys today to schedule a free consultation and learn more about how we can help.

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