Employers In Schaumburg Could Deny Workers’ Comp Claims Based On Drug Or Alcohol Tests

Drug and alcohol abuse in the state of Illinois has been on the rise for some time in the state of Illinois.  In particular consternation amongst the residents or the state, medicinal marijuana is now available for some Illinois state residents.  This can lead to a huge problem with the rise of drug abuse in Illinois therefore having a drug rehabilitation Schaumburg can reduce the problem on marijuana abuse. When an individual is exposed to illicit marijuana now that it is legalized there is still a possibility of the individual getting addicted and that’s why any drug rehab in southern Illinois is important in order to reduce the amount of individuals who over consume the drug. Recently, recreational use has also been legalized in a few states around the country which has gotten many illicit marijuana users in different states all across the country clamoring to get marijuana legalized in their own state.  Many of these individuals live in Illinois.

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These new laws have created tension in many different ways, and the laws have also raised numerous issues in non-criminal legal matters, such as workers’ compensation.  For example, though it did not occur in Illinois, an Ohio case raised a very interesting issue.  In Trent v. Stark Metal Sales, a man was injured in a workplace accident.  He tested positive for marijuana at the time of the accident, which he stated was ingested weeks prior to the worksite injury.  His employer attempted to have the man’s workers’ compensation claim dismissed due to his drug test results that came in right at the time of the claim.  An Ohio appellate court, however, determined that the employee’s injury was not caused by that drug use.  As such, the court ruled that the worker’s claim could not be denied based on the drug test.  This issue does raise interesting points though on the whole subject of marijuana and its use in medicinal settings.

Marijuana is a Gateway Drug

To add some insight and general information to the matter, The Center on Addiction and Substance Abuse at Columbia University, (CASA), found out that adolescents who smoke pot are at the very least eighty-five times more likely to use cocaine than their non–pot smoking peers and classmates and friends.  CASA also found out that 60 percent of youngsters who use marijuana before they turn 15 later go on to use cocaine at some point in their lifetime.

In one recent survey done to shed some light on the local marijuana abuse issue in the United States, it was found out that 59% of marijuana-using students reported forgetting what a conversation was about before the conversation was even ended, even if it was just a short conversation.

How Workers’ Comp Can be Affected by Drug Use

Back to Illinois, according to the Illinois Workers’ Compensation Act, compensation will only be paid for injuries that arose out of and during employment and during time of active employment.  Any injured workers lawyer in Schaumburg would explain that some employers attempt to deny claims based on drug or alcohol tests.

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All in all, it would seem that drug and alcohol use and abuse while holding a steady job is hardly worth it.  Not only does such actives increase the likelihood of such an individual getting injured on the job as a result of his or her substance abuse, but employers will look for any loophole to be able to attempt to not play for workman’s compensation, so ultimately drugs and excessive alcohol should be avoided at all costs. If the worker’s are having a difficult time avoiding drug and alcohol consumption they can go to a drug rehab referral service and get any referral for a free drug rehab in Chicago or any drug rehab Illinois for that matter.

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