Can my workers' compensation claim be denied because I tested positive for marijuana or other drugs?

The question of whether the insurance carrier can get out of paying a valid Worker’s Compensation claim because of a positive drug test is a complex one. Although attitudes to illegal drugs have shifted in recent years, especially regarding marijuana, the law has not really changed. Someone who test positive for illegal drugs or for an intoxicating level of alcohol will have their claim denied. It is up to you to prove that you had the normal use of your mental and physical faculties to overcome the rebuttable presumption that you were intoxicated at the time of the injury.