Denver Workers' Compensation Lawyer: Mack Babcock

(303) 683-5033 FREE CONSULT 4600 S Ulster St.
Suite 800, Denver CO 80237
  • Our Firm
    • Our Mission
    • Injury Attorney Profiles
    • How Representation Works
  • Practice Areas
    • Workers’ Compensation / Work Injuries
    • Car Accidents
    • Truck Accidents
    • Motorcycle Accidents
    • Drunk Driving Accidents
    • Pedestrian Accidents
    • Injured Truckers and Cab Drivers
    • Slip and Falls (Premises Liability)
    • Insurance Disputes
    • Wrongful Death
  • Reviews
  • News
  • Resources
    • Legal Library
    • Workers’ Compensation Guide
    • Scholarships
  • Locations
  • Contact
Personal Injury Attorneys (Home) › Attorney Blog › Workers' Compensation › Marijuana Use May Impact Colorado Workers’ Compensation

Marijuana Use May Impact Colorado Workers’ Compensation

May 30, 2013

Since last fall, when Colorado voters chose to lead the country in legalizing recreational marijuana, the state court and legislature have been assembling to institute a framework for dealing with the impact cannabis usage will have on other areas of government.

For instance, police officers are learning how to handle drivers under the influence of marijuana and the courts are deciding how to punish those offenders. Since legalized recreational pot is a new frontier, it comes with all kinds of new problems to be solved.

One of these confrontations is how to deal with marijuana usage when considering workers’ compensation and job protection.

A recent ruling by the Colorado Court of Appeals affirmed that workers can still be fired from their jobs for testing positive for marijuana, despite the new law allowing its recreational usage.

The plaintiff, a man who was paralyzed with a spine injury, used medical marijuana—sanctioned by the state of Colorado—to control his muscle spasms. He sued his employer who fired him after failing a drug test, arguing that he never came to work inhibited by marijuana and that without the medicine his back spasms would have made it impossible for him to continue working.

Ultimately, the man lost the case because although marijuana is now legalized in the state of Colorado, on a federal level it is still considered an illegal substance, and since feral law trumps state law, the employer has legal precedent to fire a worker testing positive for marijuana.

In addition to ruling that workers can be fired for having state legalized cannabis in their blood, the case may also have an impact on claiming workers’ compensation.

Many employers require a drug test as part of the workers’ compensation claim process, and if an injured worker tests positive for marijuana, the amount of compensation they can receive can be negatively affected, even if the drug use was state sanctioned.

Testing positive on a drug test will not affect a company’s legal obligation to pay for medical expenses and recovery in most cases, however non-medical benefits, as well as lost wages, could be withheld.

Since marijuana stays in a user’s bloodstream for an extended time period, workers may test positive for the substance long after they last ingested it, leading employers to think their performance at work was affected.

The paralyzed man is appealing the court’s decision, but until then, hundreds of thousands of registered medical marijuana patients are at risk of losing their jobs and receiving less compensation in the event of a work-related injury.

And with the growth of recreational pot use, similar cases will undoubtedly arise more frequently as state courts try figure out how to deal with legalized marijuana in a country where it remains illegal for the most part.

For now, it is especially important to talk to an experienced Colorado workers’ compensation attorney if you test positive for marijuana that was approved by the state and your employer tries to deny you full compensation.

Filed Under: Workers' Compensation Tagged With: Colorado job injury, Colorado workers' compensation news, drug testing, workers' comp benefits, workers' comp insurance, workplace accidents

5-star review image
I couldnt have asked for more!
Workers Compensation  |  Longmont
Retained after worker was hit by a car at work addressing workers compensation issues and negotiating settlement.
2018-04-14
"I was recommended to this firm to handle the workers comp part of a hit and run that ..."
Bacca, Verified Customer
5-star review image
Total satisfaction
Workers Compensation  |  Evergreen
Represented severely injured worker for 2.5 years with settlement and establishment of a Medicare Set Aside to cover future medical costs.
2018-03-11
"I could not have found a more competent, hard working and friendly law firm. I always felt that ..."
Art, Verified Customer
5-star review image
BEST DECISION I EVER MADE.
Workers Compensation  |  Durango
Retained for denied low back injury and negotiated settlement for injured worker.
2018-03-25
"After being turned down by over 25 other law firms, I was referred to Babcock Law. Stephanie Tucker listened ..."
D.wood, Verified Customer
Related Articles from our Knowledge Center
Workers Compensation
When You're Injured
  • How to File a Work Injury Claim
  • Reporting a Work-Related Injury or Condition
  • Workers' Compensation Overview
Obtaining Treatment & Benefits
  • Workers’ Compensation for Law Enforcement Officers
  • Reasons Why Temporary Disability Benefits Can Be Terminated in Your Workers’ Compensation Case
  • Workers' Compensation Case Timeline
Work Injury Prevention, General Information
  • How Forced Arbitration Leaves Employees Helpless
  • Combustible Dust: An Explosive Work Hazard
  • 10 Common Workplace Injuries
View All Workers Comp Articles

Blog Categories

  • Auto Accidents
  • Community
  • DUI/DWAI
  • Firm News
  • General
  • Insurance Disputes
  • Personal Injury
  • Premises Liability
  • Preventing Injury
  • Product/Safety Recalls
  • Workers' Compensation
  • Wrongful Death

Personal Injury
Practice Areas

Car Accidents Truck Accidents Motorcycle Accidents Drunk Driving Accidents Pedestrian Accidents Workers' Comp / Work Injuries Injured Truckers / Cab Drivers Slip & Falls (Premises Liability) Insurance Disputes Wrongful Death

Resources

Blog Contact Us Legal Library Workers' Compensation Guide Firm News
Association Badges
Association Badges
(303) 683-5033
The Babcock Law Firm
Denver Workers' Compensation Lawyer and Personal Injury Attorney Mack Babcock
4600 S Ulster Street, Suite 800 Denver, CO 80237 United States

Personal injury
practice areas

  • Car Accidents
  • Truck Accidents
  • Motorcycle Accidents
  • Drunk Driving Accidents
  • Pedestrian Accidents
  • Workers' Comp / Work Injuries
  • Injured Truckers / Cab Drivers
  • Slip & Falls (Premises Liability)
  • Insurance Disputes
  • Wrongful Death

Resources

  • Blog
  • Legal Library
  • Workers' Compensation Guide
  • Firm News

Free eBooks

  • Colorado Workers' Comp Guide
  • Colorado Car Accident Guide

Our firm

  • Firm Mission
  • Attorney Profiles
  • Practice Areas
  • Contact
  • Knowledge Center

    Facebook    Twitter    Blog

More
  • Home
  • About Us
  • Contact
  • Privacy Policy
  • Legal Disclaimer & Terms of Use
  • Local & Reviews
© The Babcock Law Firm. Colorado law firm for workers' compensation, car accidents & personal injury. Serving all of Colorado and the Denver metro area from our Denver law office law firm internet marketing by SEO Advantage®