Weed and Workers’ Comp in Mississippi: What You Need to Know About the Implications of Marijuana on Your Workers’ Compensation Case
Weed: there is no question that it is a big topic these days, and if you were injured at work in Mississippi and use marijuana (whether for medical or personal reasons) you may be wondering how your weed use may impact your workers’ compensation case. Since medical cannabis became legal in Mississippi under the Mississippi Medical Cannabis Act, many Mississippi workers have questions about how the new law interacts with existing workers’ compensation laws. The short answer is while medical marijuana is legal under certain conditions, it does not change your employer’s obligations under the Mississippi Workers’ Compensation Act, or your employer’s right to enforce a drug-free workplace policy. Here we discuss how marijuana use may impact a Mississippi worker’s workers’ compensation case, and where to turn for legal help in the Magnolia State.
Mississippi Workers’ Compensation Laws: The Basics
Under Mississippi workers’ compensation laws, most employees injured on the job are covered by the state’s workers’ compensation system. Mississippi workers’ compensation laws provide money benefits, medical benefits, and other important benefits to Mississippi workers who suffer injuries on the job. The Mississippi workers’ compensation program is administered by the Mississippi Workers’ Compensation Commission (MWCC), which oversees claims, settlements, and hearings. The Mississippi workers’ compensation system is a no-fault system, which means that you do not have to prove that your employer did something wrong to receive these important benefits. However, it is critical to know (especially if you use marijuana) that workers’ compensation benefits can be denied if the employer or insurer proves that your injury was caused by your own intoxication or drug use while on the job.
Mississippi Workers’ Compensation and Marijuana Use
There is no question that marijuana use can complicate things. Even though Mississippi allows medical cannabis, the law specifically states that employers are not required to permit, accommodate, or reimburse the use of medical marijuana in the workplace. Likewise, employers are still allowed to enforce drug-free workplace policies, perform drug testing, and take disciplinary action based on positive test results. Because marijuana remains an illegal controlled substance under federal law, testing positive after a work injury can create problems for your claim, particularly if the employer or insurer argues that marijuana use contributed to the accident.
Getting Legal Help With Your Mississippi Workers’ Compensation Case
If you were injured at work and you are dealing with a workplace injury in Mississippi and marijuana is part of the picture, do not try to handle it alone. The best thing that you can do is contact a Mississippi workers’ compensation lawyer who understands Mississippi workers’ compensation laws and how cannabis issues can affect your entitlement to workers’ compensation benefits.
If you were injured on the job 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 today and speak with a lawyer about your rights and options now.
