Ep 104: Does Impairment Matter in a Workers’ Comp Case?

Send us Fan MailYou got injured at work, but you failed a drug test. Does that mean your workers’ comp case is over? Not necessarily.In this episode of The Verdict, lead workers’ comp attorney Brian Groesser joins Clarke to unpack one of the most misunderstood defenses in workers’ compensation law: intoxication. We’ll explain why a positive drug or alcohol test doesn’t automatically disqualify you from benefits, and what the insurance company still has to prove.You’ll learn the difference between simply having THC in your system and being legally impaired, why a failed drug test is not a failed claim, and how causation is the key to whether your case stands or falls. Real-world examples, including construction site accidents and roof collapses, highlight how these cases play out in practice.Here’s what we discuss in this episode:🧪 Failed drug screen ≠ failed claim 🌿 THC presence doesn’t equal impairment 📉 The injury must be caused by the intoxication to deny a claim 🏗️ Real case: roof collapse, positive THC test, but still potentially compensableLearn more about how Speaks Law Firm can help you: https://www.speakslaw.com/ Schedule your FREE case review: https://www.speakslaw.com/our-team/r-clarke-speaks/#contactFormTarget Find us on YouTube: https://bit.ly/3R40YMP