Ok i was a heavy pot smoker before I started working this job but I cooled out and stopped , my first week on the job a big heavy piece of wood drops on my finger, it was crushed because my finger was on top of the work table, I was not high on the job I have people to prove that. My question is will they deny my workers comp because pot came back positive, I already told the job I would not pass they said they will giv me another chance
This and all other questions should be asked of your workers comp attorney. If you do not have one, you should consult with, and probably hire one, as soon as possible.
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There is a provision in the 2011 Amendments to the Workers' Compensation Act that may doom you.
I suggest you get a lawyer who can perhaps challenge this denial before an arbitrator.
Otherwise, with the denial, you can get any needed medical paid via group insurance, at the least.
But obtaining other WC benefits would be foreclosed with a denial unless you can convince an arbitrator this should be compensable.
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Mr. Hoffman noted the 2011 change in the Workers Compensation Act which was long fought for by employers. the employer now can raise as a defense intoxication, which includes pot smoking. And this is regardless of whether you are doing work that you normally would not do. The Act provides in part:
"No compensation shall be payable if (i) the employee's intoxication is the proximate cause of the employee's accidental injury or (ii) at the time the employee incurred the accidental injury, the employee was so intoxicated that the intoxication constituted a departure from the employment. Admissible evidence of the concentration of (1) alcohol, (2) cannabis as defined in the Cannabis Control Act, (3) a controlled substance listed in the Illinois Controlled Substances Act, or (4) an intoxicating compound listed in the Use of Intoxicating Compounds Act in the employee's blood, breath, or urine at the time the employee incurred the accidental injury shall be considered in any hearing under this Act...."
Hire an experienced work comp attorney in your geographic area. The only reported case since the amendment to the act did not find cannabis to be a factor in the injury, but there was no drug test involved in that case.
Yes they will deny your work comp benefits , and as mentioned previously , hire a good lawyer
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The answer to your question is fact sensitive. The employer can use it as a defense. The question becomes whether the drugs was the proximate cause of the accident. If the same injury would have occurred whether you had pot in your system or not, I believe it could be a compensable case. Will the employer attempt to fight it? Maybe, but, it is fact sensitive. If the wood dropping on your finger was caused, for example, cause someone else dropped it on your finger, then I would be hard pressed to find that the injury would not be compensable. My suggestion is that you obtain a local worker's compensation attorney and be completely honest and frank with said attorney. Also, provide the contact information for any witnesses to the incident so as to secure the witness testimony you will need to prevail in your case.
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