Can Workers’ Compensation Be Affected by a Positive Drug Test?

 Posted on May 14, 2025 in Workers' Compensation

In 2020, the state of Illinois legalized the use of recreational marijuana under the Cannabis Regulation and Tax Act. Since that time, many questions have arisen regarding the legal implications of using marijuana in their daily lives, including in the workplace. One such issue revolves around how – or whether – a positive drug test can impact a claim for workers’ compensation benefits.

If you are facing a situation in Illinois where your workers’ compensation claim for benefits is being denied because of a positive drug test, it is important that you speak to an experienced Joliet, IL workers’ compensation lawyer as soon as possible. The sooner your attorney can begin building a positive defense on your behalf, the more likely you are to receive the benefits you need and deserve.

How Likely Is It That a Positive Drug Test Will Hurt Your Chances of Receiving Workers’ Compensation Benefits?

There is no doubt about it – a positive drug test following a work injury will hurt your ability to receive benefits under workers’ comp. That said, a positive drug test is an obstacle that can be overcome when you have an attorney who fully understands the issue. A major overhaul occurred in Illinois in 2011 to the Illinois Workers’ Compensation Act. One of the primary changes involved a worker’s drug or alcohol use at the time the workplace injury occurred.

The revised Act stated that if an employee has a BAC of 0.08 percent or higher, tests positive for the unlawful use of cannabis or another controlled substance, or refuses to submit to a drug or alcohol test, the rebuttable presumption will be that the employee was intoxicated, and that intoxication caused the injury. Prior to these changes, the employer had the burden of proving that a worker’s intoxication was the cause of the accident. Following the 2011 changes, the employee was required to prove that drug or alcohol use did not cause the workplace injury.  

What Can You Do to Receive Benefits for a Workplace Injury if Your Drug Test Was Positive?

While it can certainly be more difficult to obtain workers’ compensation benefits following a positive drug test, that does not mean it is impossible. With the help of a skilled workers’ compensation attorney, you have an opportunity to demonstrate that your presumed intoxication was not the sole cause or even a cause of the accident and injuries.

It will be necessary to prove that your workplace injuries arose out of and occurred in the course of your employment. As an example, suppose you smoked marijuana over the weekend, but you are in no way impaired while at work. You are walking in the shop area when another worker drops a heavy object that hits you and causes significant injuries. In a situation like this, even if you were intoxicated, the cause of this accident is in no way related to that intoxication.

If, however, you are at work with a 0.15 BAC when you fall off a ladder, breaking bones and sustaining a concussion, it is likely your intoxication will be found to be the cause of the accident, and workers’ compensation will not pay you benefits. Unfortunately, a positive test for marijuana is not nearly as straightforward as an alcohol BAC test. The current tests for marijuana cannot demonstrate the presence of THC levels associated with "impairment," only evidence of prior use, even if that "use" was a month ago.

Contact a Will County, IL Workers’ Compensation Lawyer

If you had a positive drug test following a workplace accident, especially if it was positive for marijuana, you could still obtain workers’ compensation benefits for your injuries. Calling a Joliet, IL workers’ compensation attorney from McNamara Phelan McSteen, LLC can potentially make a significant difference in the outcome of your workers’ comp case. Our midsize, aggressive law firm has extensive experience in different fields. To schedule your free consultation, call 815-727-0100.