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What to Know About Marijuana Use & Your Worker's Compensation Claim from a Denver Workers Compensation Attorney

Mark A. Simon Feb. 21, 2018

In 2012, Colorado became the first state to legalize Marijuana for recreational use for individuals over the age of 21. While this was a paradigm shift in terms of the law, not everything related to marijuana changed in the process. Employers are still allowed to disqualify someone from employment if they test positive for Marijuana. Additionally, if you test positive for marijuana it may affect a pending workers compensation claim. As a result, it’s important to be informed about the current law from your Denver workers' compensation attorney.

Employers & Marijuana

Although pot is now legal for recreational use for individuals 21 years and older in the state of Colorado, there are certain laws and regulations that dictate what is permissible in the workplace. While it’s no longer a crime to consume marijuana, it is something that employers can still drug test for, and testing positive for pot can still be a fireable offense depending on the company’s policy.

Federal law states that marijuana use or possession is illegal under all circumstances. This backs up an employer’s right to not allow consumption in the workplace or even in one’s own personal time. If you are injured in the workplace and you test positive for marijuana, this can significantly impact any potential workers' compensation cases that may follow such an incident.

Workers' Compensation & Weed

If you are in the process of applying for a workers compensation claim due to an injury on the job, your case can be seriously affected if you test positive for marijuana. A person that tests positive for pot can lose up to 50 percent of income replacements depending on what judgment is made in your case. In this situation, marijuana use can be incredibly detrimental to ensuring that a person receives their full financial compensation. A person may have their replacement income reduced and cut completely, but may still receive medical benefits. As a result, testing positive for weed can become more of a headache than it’s worth. Doctors are not able to legally prescribe their patients marijuana, preventing a person from utilizing the medical prescription exemption in regards to controlled substances. This restricts a person’s ability to be protected by their medical marijuana use and is another example of why marijuana advocates should be focused on resolving issues within federal law to prevent such issues from occurring. If you are in need of an attorney in the Denver area who will fight tirelessly for your rights in every workers' compensation case, Mark Simon is the most trusted lawyer in town. If you have been injured on the job or in an accident, do not hesitate to seek legal representation from an experienced personal injury attorney. Mark A. Simon will immediately begin investigating to ensure you receive the most thorough representation possible. Call us or contact Mark A. Simon to discuss your legal options during a free consultation.