Workers may be subject to routine drug testing as well as asked to submit to a drug test after an employee has been injured at work. A drug test is typically requested to ensure that the employee was not under the influence of drugs or alcohol before the accident.

Virginia legalized possession of up to an ounce of marijuana legal for people 21 and older beginning July 1, 2021. Despite the legalization, a positive drug screen after a workplace accident may preclude recovery. Under worker’s compensation there will be no compensation awarded to the employee for injury or death cause by the employee’s willful breach of any reasonable rule or regulation adopted by the employee.

However, a positive marijuana test does not automatically disqualify you from collecting worker’s compensation benefits. The employer must prove that the intoxication caused the claimant’s injuries. If you are having difficulty obtaining your benefits after a workplace injury, let Reinhardt|Harper|Davis help. Call us to schedule a free consultation about your workplace injury.