A recent insurance journal headline reads, Positive Drug Tests In US Workforce Highest In Two Decades. According to the article, positive drug test rates increased another 4.6% in 2021. The rate shows a 31.4% increase from its all-time low just 10 years ago. In isolation, those statistics are troubling. Let’s talk a little more about the potential impact of increasing employee drug use on accidents and injuries. An increase in drug impairment means an increase in dangers among employees on worksites. It also means an increase in dangers to the public, especially on our roads and highways. Today, I’ll address a couple areas of concern as well as one area of potential long-term good news.
Do Changing Marijuana Laws Impact Workers Compensation Claims? And Other Personal Injury Claims?
I’ve written several times about the potential impact of changing marijuana beliefs and laws on work-related accidents. In Alabama, our work comp law bars claims where (1) the worker was impaired; and, (2) that impairment proximately caused the accident. That second requirement – the impairment proximately caused the accident – is likely to be a key issue in more future cases.