Injuries in the workplace are often problematic and may trigger a need for various types of compensation. However, some people may find themselves experiencing a denial because they enjoy recreational marijuana in a state where it is legal. As a result, it is vital to take the time to reach out to a legal professional who can help manage this situation properly and successfully.
Even Legal Marijuana Use May Influence Workers' Compensation
The use of recreational marijuana is strictly forbidden in workplaces in states where use is otherwise legal. And this fact can complicate a case if an employer believes or claims that an injured employee was under the influence of cannabis when they were hurt. In this scenario, they may argue that the employee is partially or even wholly to blame, even if the employer was negligent.
This situation is often frustrating because the hurt employee may rarely use recreational marijuana and never do so at work. However, the employer's misconceptions about marijuana use may cause them to act in this way and deny an individual's claim. As a result, legal protection may be necessary to ensure that this problem doesn't impact an individual who truly deserves to be compensated.
Why Legal Help is Critical
Workers' compensation lawyers can help in wrongfully denied claims by appealing to higher courts. They'll work with their client to gather evidence and create a case that makes their appeal more likely to succeed. During this type of case, various types of evidence can be presented to prove the employer's negligence, such as eye-witness reports, written evidence detailing a lack of care, and much more.
Just as importantly, it is critical to attack the claim that the individual was using marijuana when injured. Typically, it is easy to point out that no tests were done at the time of the injury or to get witnesses who can state that the individual was clear-headed and clean. Testimony of this type is critical because it helps to break any judicial misconceptions of recreational marijuana use.
Finding a good workers' compensation attorney requires seeking out someone who understands the laws and regulations common in a state. It also requires taking the time to understand what caused a person's injury fully and taking steps to ensure that employer negligence was the true culprit. In this way, it is possible to get the compensation an individual needs and save money at the same time.
For more information about workers' compensation law, contact a local law firm.