Weed, Work Comp, and Bears, Oh My!

Workers’ compensation is a form of no-fault insurance that provides various benefits to injured workers, regardless of whether the employer is at fault for the injuries. It also means that even if the employee is “at fault” for his or her own injuries, by virtue of the employee’s negligence, carelessness or even stupidity, those injuries are usually still covered by workers’ compensation in Minnesota.

One exception in Minnesota is if an injured worker is intoxicated at the time of the injury, and the intoxication is found to be the proximate cause of the injury, the employer is not liable for payment of workers’ compensation benefits.

A positive drug or alcohol test or admitted drug or alcohol use prior to an on-the-job injury in Minnesota will usually result in a denial of a workers’ compensation claim by the workers’ compensation insurance company. Just because the workers’ compensation insurance company denies the claim, however, doesn’t mean that they won’t ultimately be found liable for benefits.

In Minnesota, in order to succeed on an intoxication defense, it is the burden of the employer to show that the intoxication was the proximate cause of the injury. What this means is that the employer must show that the drug or alcohol intoxication directly caused the injuries. In many, if not most cases, the employee’s injury would have occurred regardless of whether or not the employee was intoxicated at the time of the injury. Moreover, a positive drug or alcohol test doesn’t automatically prove that an employee is intoxicated. An employer will have to prove that the employee was actually intoxicated at the time of the injury.

A recent and controversial case out of Montana illustrates this point. Brock Hopkins was mauled by a grizzly bear at Great Bear Adventures in Montana when he entered a bear cage to feed the grizzly bears. He was awarded benefits, but his case involved a number of disputed issues. Most interestingly, Brock Hopkins admitted that he smoked some weed that morning before he entered the bear cage. His employer of course, argued that he should not be awarded benefits because he was stoned, and his intoxication was the proximate, or direct cause of his injuries. The Montana Supreme Court upheld the award of benefits by the Workers’ Compensation Court.

The Montana Supreme Court noted that "Hopkins' use of marijuana to kick off a day of working around grizzly bears was ill-advised to say the least and mind-bogglingly stupid to say the most," but further noted that grizzlies are "equal opportunity maulers," without regard to marijuana consumption. Without evidence of Hopkins' level of impairment, the Montana Supreme Court upheld the Workers’ Compensation Judge’s conclusion that marijuana was not the major contributing cause of Hopkins' injuries.

I would venture to say that had this case occurred in Minnesota, the result would probably have been the same.

To read more about this case, check out this Workers’ Comp Insider article, or read the Montana Supreme Court decision.

For a free, no-obligation consultation regarding your Minnesota workers’ compensation rights, contact Meuser & Associate at 877-746-5680 or click here to send us an email.

Minnesota Workers' Compensation Benefits and Drug and Alcohol Use

Getting caught using illegal drugs or being intoxicated on the job is never a good thing, but if you are injured on the job, it doesn’t necessarily mean that you aren’t entitled to workers’ compensation benefits.

An employer can require you to undergo an alcohol or drug test after a work-related injury. A positive test result, however, doesn’t necessarily mean that they can deny you workers’ compensation benefits.

The issues of drug and alcohol use come up primarily in two circumstances when you have a work-related injury.

First, if you test positive for drugs or alcohol after the incident in which you were injured, your employer and their insurance company may argue that your intoxication was what caused the injury, and that therefore, you should not be entitled to benefits.

Minnesota law states that “if the injury was intentionally self-inflicted or the intoxication of the employee is the proximate cause of the injury, then the employer is not liable for compensation. The burden of proof of these facts is upon the employer.”

What this means is that the law states that if you are intoxicated by drugs or alcohol, and the intoxication is what caused the accident in which you sustained injuries, your employer is not required to pay workers’ compensation benefits. However, it is the responsibility of the employer to prove that (1) you were intoxicated, and (2) the intoxication was the “proximate,” or direct, cause of your injuries. In reality, it is quite difficult to prove that intoxication was the cause of an injury.

A positive drug or alcohol test after a work injury is often not grounds in and of itself to preclude your entitlement to workers’ compensation benefits.

Second, many if not most employers prohibit illegal drug use or alcohol use on the job. It is the policy of many employers to terminate employees with positive tests. If you test positive for alcohol or drugs after a work injury, but before you return to work, and the employer terminates you for misconduct, you may still be entitled to wage loss benefits. If you return to work and are subsequently terminated for drug or alcohol use, your wage loss benefits may be discontinued in some cases.

If you were injured on the job and subsequently tested positive for drugs or alcohol, don’t lose hope. You may still have a claim for workers’ compensation benefits. We have successfully represented several clients in your situation. We can help. Call Meuser & Associates at 877-746-5680 or click here to email us to schedule a free consultation.

Visit our workers' compensation website at MeuserLaw.com!