Can I sue my employer for termination for getting injured at work then failing a drug test?
3 attorney answers
The short answer is yes. Mississippi is an at will state. Failing a drug test can be grounds for being fired. The drug test results can also effect your workers compensation claim. You need to call an attorney in the area to meet and discuss how your claim can and will be effected by this test result. Most attorney such as my firm will do a free first consult.
You might have a workers’ compensation claim that is worth pursuing, depending on how seriously you were injured. You will almost certainly need a lawyer, because the insurance company will deny liability due to the positive drug test. And workers’ comp pays nothing for “pain and suffering.”
Getting fired for testing positive for pot is not a wrongful termination, especially in an at-will employment situation.
This answer is intended as general information and not as specific legal advice.
I would highly encourage you to reach out to an experienced attorney to discuss this case further, as you may be entitled to some form of compensation for your work-related injury. Feel free to reach out to any attorney on here by clicking the contact information next to their name. Most lawyers, myself included, offer free consultations to see how we can help.