Weed and Your Mississippi Workers’ Compensation Claim: How Does THC Impact Workers’ Comp in the Magnolia State?

As marijuana laws change across the country, many workers are left wondering how THC use affects a Mississippi workers’ compensation claim. Indeed, while the State of Mississippi has taken steps toward allowing medical marijuana, recreational use remains illegal, and the presence of THC can still have serious consequences after a workplace injury. Understanding how Mississippi workers’ compensation laws treat marijuana is important for anyone hurt on the job. To help Mississippi workers better understand their rights under Mississippi workers’ compensation laws, we explain how marijuana use may impact a workers’ comp claim here.

Mississippi Workers’ Compensation Laws: The Basics

Under Mississippi workers’ compensation law, most Mississippi workers who are injured on the job are generally entitled to important benefits, when their workplace injury arises out of and occurs in the course of their employment. However, there is an important exception involving intoxication: if an employer can show that an injury was caused by drug use, workers’ compensation benefits may be denied.

Mississippi workers’ compensation laws allow a rebuttable presumption that intoxication caused a workers’ workplace injury when a post-accident drug test is positive for illegal drugs, including marijuana. This means that a positive THC test can shift the burden to the injured worker to show that drug use did not cause or contribute to the accident.

Challenges with Workers’ Comp Claims Involving Marijuana-Positive Tests

One of the most challenging aspects of THC related claims is that marijuana can remain detectable in the body long after any intoxicating effects have worn off. A Mississippi worker may test positive even if marijuana was used days or weeks before the accident. Despite this, employers and insurance carriers often argue that any presence of THC means impairment at the time of injury.

In addition, importantly, medical marijuana does not automatically protect a Mississippi worker from these issues. Even when marijuana is legally obtained through the state medical program, employers may still rely on a positive test to dispute a workers’ compensation claim. Because marijuana remains illegal under federal law, medical use does not prevent an employer from raising intoxication as a defense.

Getting Legal Help with Your Mississippi Workers’ Compensation Claim

Workers who suffer a job related injury and later learn that marijuana use may affect their claim should be cautious about making assumptions. The truth is that a positive test does not automatically end a claim, but it can change how the case is handled. The process can become more complex, and the outcome may depend on specific facts surrounding the accident, the testing process, and the medical evidence. This is where an experienced Mississippi workers’ compensation lawyer can come in to help you. An experienced Mississippi workers’ compensation lawyer can review the facts of your specific case to determine whether workers’ compensation benefits are due to you, and can fight for your rights under Mississippi workers’ compensation laws.

Legal Help for Injured Workers in Mississippi

The bottom line is that Mississippi workers’ compensation law can be unforgiving when drugs like marijuana are involved, even when there is no clear connection between THC and the injury itself. Understanding how these issues are evaluated can help injured workers make informed decisions about how to move forward. Consulting with an experienced Mississippi workers’ compensation lawyer can help you determine whether workers’ compensation benefits may be due to you. An experienced Mississippi workers’ compensation lawyer can help you obtain important Mississippi workers’ compensation benefits due to you.

If you were hurt at work in Mississippi and you need legal help, contact the experienced Mississippi workers’ compensation lawyers at the law firm Lunsford Baskin & Priebe, PLLC. Contact Lunsford Baskin & Priebe, PLLC and speak with a lawyer now.