Archived MJ Use and Workers Comp

[mxrbook]

One of my peers cut herself on a box cutter and needed stitches. Failed drug test (pot) and then got termed. Sad, huh? I wonder if Target will still pay her medical bills or if they'll contest the workers comp payments.

Just for discussion purposes, what happens if a person fails the drug test after injury in Colorado where pot is legal for private use or in a state where it's legal for medicinal use? Would it matter if the person uses for medical reasons? Could Target fire them? Could Target refuse to hire someone who uses for medical reasons?

I realize that you can't smoke pot AT Target, but how can they prove that you were high when you got hurt? What if it wasn't your fault? Like if a guest ran you over in the parking lot while pushing carts? Or someone dropped a box on your foot?

Should be interesting how things shake out over the next few years. There are 20 states where pot is legal for medical use.

Disclaimer: I got no dog in this race because I don't use pot and I don't live in a state where it's legal for any purpose. Of course, that doesn't mean that people at my Target don't smoke pot. I'd guess about most of them do. And I understand why they do. 😉

 

[buliSBI]

It would probably fall under the same circumstances and situations as alcohol consumption. Its ok on your own personal time. But if you abide at work or come into work drunk/hung over or in this case stoned, you can get termed.

If there was a incident with injury and lucidity comes into question then I would expect blood and hair samples will be taken for drug test.

But I do believe businesses in these states have or will start to have conduct and random drug test clauses to maintain employment.

 

[Backroom81]

I wonder if Target will still pay her medical bills or if they'll contest the workers comp payments.

It's going to vary by state. It depends HEAVILY on Spot's worker's comp insurance policy. Last I checked, popping on a drug test is usually grounds for denying the claim and most states will allow for that.

 

[brobley]

One of my peers cut herself on a box cutter and needed stitches. Failed drug test (pot) and then got termed.

What kind of drug test did they do? A blood test could theoretically determine if she was high when she cut herself, but only if they did it right away. Urine tests only tell whether someone has smoked in the past few weeks, they don't pinpoint a time of impairment. Did she seem stoned, or admit to it, or do they test everyone who's in a workplace accident (and with what kind of test)?

If they can't show when she smoked (i.e. before work or not), it doesn't seem like she'd be liable for the medical costs just because she smoked in the past sometime. If it works that way, anyone who smokes, no matter how safely, discreetly, and infrequently, could be held liable for anything they ever do. Any claim for a fall, car accident, or whatever could be denied because the claimant did a few bong hits and watched True Detective on his day off two weeks ago. That hardly seems right.

 

[nib]

This person should try to get their store to pay for the expenses, if they won't, she'll have to seek legal help

 

[commiecorvus]

I suspect that in the states where pot is legal they wouldn't do the drug test for pot because they know it wouldn't come up positive even if she smoked the night before.

 

[brobley]

I suspect that in the states where pot is legal they wouldn't do the drug test for pot because they know it wouldn't come up positive even if she smoked the night before.

May I respectfully request elucidation? I might be missing something, I'm off work. 😎

I think know a urine test can show use within 12 hours. Source: a friend.

But it couldn't tell exactly when she smoked or if she was high when she was at work. A blood test might. Don't know what Spot requires.

 

[brobley]

Regardless, a cut is such an insignificant injury that it would truly suck if they didn't pay the expenses.

 

[commiecorvus]

Sorry my bad that was supposed to read "would come up positive".

I know that in states where pot is legal they have stopped doing the tests for job applications except for federal jobs.

 

[brobley]

So does anyone know what test the company does upon workplace injury: blood or urine?

 

[NOP]

So does anyone know what test the company does upon workplace injury: blood or urine?

Urine.

 

[brobley]

Thanks, NOP.

 

[brobley]

I don't plan to get injured at work, or anywhere else - who does? I'm careful, but it's a possibility.

For instance, my store keeps giving me backroom shifts (which I like and want) but they haven't certified me on the wave.

They've taught me how to use it. I'd be delighted to use it. But it's my understanding that I can't until I've been certified, and even though I've asked to be certified ten times, they haven't gotten around to it.

Meanwhile, I hauled a dozen 35lb bags of dog food off the highest shelf up in the steel today, awkwardly managing to wrangle them down a rickety aluminum ladder, one or two at a time, because I'm afraid I'll get fired if I use the wave before I'm certified.

If I had fallen, Target would have tested my pee. If the test was positive, I understand I would be termed. Zero tolerance drug policy, right? Even if the THC was in my system from my last day off (pee tests can't tell when you smoked). I can live with that.

But would they also try to stick me with the medical costs? I'm not certain how much I want to risk my neck at such things if Spot doesn't pay the bills from a workplace accident because I smoked up last Tuesday or whatever. I know I'm not going to make much money at Target, but I also don't want to lose everything I do have to crushing hospital bills.

 

[brobley]

Yet another bump, sorry. But this matters to me, and I imagine someone has the answer here.

If one gets hurt at work unrelated to drug use, and one tests positive (urine) for past use of weed (nothing else), does Target pay the medical bills or do they foist them upon one because of zero tolerance?

I don't expect personal experience stories, but welcome perspectives from tl/etl/hr types, stories you've heard about co-workers, quotes from the manual (lost mine) - any of these would be helpful here. Even Target urban legends.

I'm starting to get afraid of stepping foot in Target, lest I fall down. I need some information, and I have no information.

Thanks.

 

[brobley]

If you don't want to post on the board, but can offer any elucidation at all, send me a private message.

I would sincerely appreciate anything that anyone can offer.

 

[Yoda]

I had a coworker fired for drug use after injuring himself using the Wave. He was on something stronger than weed and had used a few days prior so it was still in his system. Had to pay all bills and find a new job.

When I got injured they didn't even administer a drug test. Not that it would have mattered, I've never used in my life. So not all cases are alike.

 

[brobley]

He was on something stronger than weed

Thanks, Yoda.

I don't know what's stronger than weed, but that sure is scary. Not the firing, but the medical bills.

I'm going to start refusing to do risky stuff at my store. I have no health insurance, and if Target doesn't pay for workplace injuries if the injured smokes the occasional J, I'm putting my entire family's finances at risk. Do Guests know that Target allows its employees to go bankrupt with med bills from on-the-job injuries if Target can prove they've smoked pot in the last three months? I'd venture most of our guests smoked up in the last 3 hours.

 

[Yoda]

I read up above that you have asked to be trained on the Wave and haven't been. Using the ladder is still a valid option when you can easily maneuver the cases you are getting without dropping them and/or slipping off the ladder. Even if you feel like you can carry the bags of dog food, you could strain something doing so and might need medical attention. The best bet you have is to partner with someone else in the backroom to grab things for you with the Wave if you can't get it. 99% of the time they won't mind as long as they aren't super busy with their own thing.

 

[EMFlow]

He was on something stronger than weed

Thanks, Yoda.

I don't know what's stronger than weed, but that sure is scary. Not the firing, but the medical bills.

I'm going to start refusing to do risky stuff at my store. I have no health insurance, and if Target doesn't pay for workplace injuries if the injured smokes the occasional J, I'm putting my entire family's finances at risk. Do Guests know that Target allows its employees to go bankrupt with med bills from on-the-job injuries if Target can prove they've smoked pot in the last three months? I'd venture most of our guests smoked up in the last 3 hours.

The way I see it Target isn't "allowing its employees to go bankrupt" they have policies and you either comply with them or not, but once you don't there are consequences some harsher than others. It's your choice

 

[Barcode]

This can be avoided by not smoking pot. Pretty sure drug use is against company policy. Also in states where it is legal I don't think they have legal infrastructure in place to deal with situations like this -- since legalization is new.

I don't condone drug use, but at the same time don't care if people do. Just don't act entitled to anything if your employer finds out.

 

[ThatAPguy]

Actually it does not matter if pot is legal in the state or not, several courts have ruled that you can still be terminated if you test positive. Reason being it's still a company policy violation. Just like if I called my supervisor a mother f...ing (insert any derogatory word) that is not illegal (usually). Bet you I get fired though!

 

[commiecorvus]

If you live in a state where it is legal Spot has to deal with the possible ramifications.
If you don't you do.

I suspect they are only going to test you if there is suspicion of drug use.
If you don't have a reputation for use or if at the time of the accident you weren't displaying odd behavior you should be OK.

 

[Barcode]

I believe in even legal states they can still make it a policy that you do not use drugs.

 

[NOP]

When you have a workplace accident, it's the policy of spot to have a drug test if you have to go for medical treatment. When you call the nurse line, they will tell you if you need medical treatment, and where to go. Your HR sends you with the paperwork to the doctor (if it's not a true 911 emergency where an ambulance is needed).