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In November, Schaffer & Associates’ own Thomas Schaffer had the pleasure of presenting at the Toledo Bar Association’s annual workers’ compensation seminar. This continuing legal education opportunity included talks from other local attorneys, medical professionals, and a spokesperson from the Ohio Bureau of Workers’ Compensation.
This year, attorney Schaffer covered the important topic of intoxication defense within workers’ compensation cases. In Ohio, employers have been known to use an intoxication defense in an attempt to have their employees’ workers’ compensation claims disallowed. This is done by trying to prove the injured worker was under the influence of substances, often marijuana, at the time of the injury. Additionally, employers who require a drug screen may use the results to argue that the employee’s inebriation was the proximate cause of the injury. This rebuttable presumption of impairment exists when the amount of THC in a urine sample is higher than 50 nanograms per milliliter.
The problem with this argument is that these qualifying chemical urine tests detect carboxy-THC, which is an inactive metabolite of marijuana. This means carboxy-THC levels do not correlate with impairment. In other words, anyone who has used cannabis products up to 30 days before a drug screen could test positive for marijuana. However, this doesn’t mean they were intoxicated at the time of the test or injury.
Many employers conduct standard post-accident drug screens. In the event of a positive test, your employer would be within their rights to terminate you if they uphold a zero-tolerance policy for substance use. However, a workers’ compensation claim may still be allowed if the injured worker can prove their injury was not directly caused by toxication. Contacting a skilled workers’ compensation attorney under these circumstances is a great plan of action to help ensure you receive the benefits you’re entitled to.
Attorney Schaffer has decades of experience dealing with these types of cases, which have become increasingly common with the legalization of recreational marijuana in Ohio. At Schaffer & Associates, we take pride in staying involved with our community and supporting the unique needs of injured workers and disabled citizens in Northwest Ohio. For this reason, attorney Schaffer also spoke at Carpenters Local Union #351’s annual retirement seminar in November. We look forward to more opportunities in 2025 to further inform Ohioans of their rights and benefits available.
