What Happens if a North Carolina Employee is Injured at Work But Tests Positive for THC?

With the increasing use of medical and recreational cannabis in many states, employees may wonder how a positive THC test could impact their workers’ compensation claim after a workplace injury. While North Carolina has not legalized recreational marijuana, and medical marijuana use is highly restricted, some workers may still test positive for THC due to prior use.

If you are injured at work and fail a post-accident drug test, does that mean you automatically lose your right to workers’ compensation benefits? The answer depends on several legal factors, including whether the employer can prove intoxication, which includes being under the influence, directly caused the accident.

At Ramsay Law Firm, our Charlotte workers’ compensation attorneys help injured employees understand their rights under North Carolina law and fight to ensure they receive fair treatment, even if a drug test raises concerns.

North Carolina Workers’ Compensation and Drug Testing Laws

Under North Carolina law, an employee may be denied workers’ compensation benefits if the employer can prove that:

• The employee was under the influence of drugs or alcohol or intoxicated at the time of the accident.
• The intoxication was the proximate cause (direct reason) for the injury.

Employers often require a post-accident drug test, and if an employee tests positive for THC, the employer or their insurance carrier may try to deny the claim by arguing that the employee was impaired at the time of the accident. However, a positive drug test alone is not enough to deny benefits—the employer must show the actual impairment caused the injury.

Does a Positive THC Test Automatically Disqualify You from Workers’ Compensation?

Testing positive for THC does not automatically mean your workers’ compensation claim will be denied. Unlike alcohol, where impairment can be measured in blood alcohol content (BAC), THC remains in the body for days or even weeks after use, meaning a positive test result does not necessarily indicate active impairment at the time of the injury.

To successfully deny benefits, the employer must provide clear evidence that:

• The employee was actively impaired while working.
• The impairment directly caused the accident and injury.

The claim may still be approved despite a positive test if there is no evidence of reckless behavior, intoxication symptoms, or impaired performance.

How Employers Try to Use a Positive THC Test to Deny Claims

Insurance companies and employers may use a failed drug test as a reason to:

• Discredit the injured worker and argue they were negligent.
• Claiming intoxication was the primary cause of the injury to avoid paying benefits.
• Pressure the worker into accepting a low settlement or dropping the claim.

However, North Carolina law requires proof that intoxication directly caused the accident, not just a failed drug test. Without strong medical and witness evidence of impairment, workers may still be eligible for benefits.

How to Fight Back If You Fail a Post-Accident Drug Test

If you tested positive for THC after a workplace injury, take these steps to protect your workers’ compensation rights:

• Do Not Admit to Drug Use

If you are asked about marijuana use, avoid making statements that could be used against you. A positive test does not prove impairment, and admissions could be misinterpreted.

• Request a Retest or Independent Drug Test

Workplace drug tests can sometimes produce false positives or detect THC from past use rather than impairment. If you believe your test result is inaccurate, request a second test or an independent medical evaluation.

• Gather Evidence That Proves the Injury Was Not Caused by Impairment

The burden of proof is on the employer to show that intoxication caused the accident.

Evidence that may support your claim includes:

• Witness statements confirming that you showed no signs of impairment.
• Surveillance footage showing you were working, usually before the accident.
• Medical reports proving the injury could have happened to any sober employee in the same situation.

Consult a Workers’ Compensation Attorney Immediately

If your employer tries to deny your workers’ compensation claim due to a positive THC test, an experienced Charlotte workers’ compensation lawyer can help.

Our law firm will:

• Investigate the validity of the drug test and how it was administered.
• Argue that there is no evidence of active impairment at the time of the injury.
• Gather medical and workplace evidence to support your claim.
• Appeal a workers’ compensation denial if necessary.

If you failed a post-accident drug test but were not impaired, you may still be entitled to workers’ compensation benefits. Let us fight for your rights and ensure you get the compensation you deserve. Contact our Mecklenburg County workers’ compensation attorneys at 704-376-1616 or online for a free consultation.

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