Visitor Question

Job is Denying My Claim…

Submitted By: Chad (Greeley, CO)

I broke my left arm at work. Right when I went on lunch break I went outside and then slipped on ice, falling and breaking my arm. I could have been an old lady and I could have died.

Now my job is saying they found THC in my system and they are sticking me with the doctor’s bills. What can I do?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Chad,

If your employer found THC in your system at, or about the time of your injury you might as well forget about any personal injury or workmans compensation. Smoking marijuana on the job, whether at lunch or not, will be considered contributory negligence. You probably know once you smoke marihuana the THC remains in your system for at least 48 hours.

The possibility of an “old lady” falling has nothing to do with your claim.

If an old lady were to actually fall on the ice, and presuming she didn’t have any THC in her system, she would have a separate personal injury claim.

Hopefully you will not lose your job as a result of smoking marihuana while at lunch and then being under the influence during the rest of your workday. You should resign yourself to making arrangements with your medical providers to pay their bills. Otherwise there really isn’t any legal action available against your employer.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 3, 2011

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