Tag Archives: lost wages

What if the employee was high at the time of the injury?

I had a client recently tell me that he’d heard if the employee was found to have drugs in his system, workers’ comp would deny the claim.

Like a lot of stories in the insurance world, this isn’t black and white, and will also vary by state.

In Maryland, Injuries caused solely by intoxication or the effects of drugs not prescribed by a physician are not compensable.  Now, injuries caused where the primary cause is intoxication or
the effects of drugs entitle Claimants only to medical benefits, unless the controlled dangerous substance was prescribed by a physician and the use was not excessive or abusive.

Imagine the difficulty in proving the level of intoxication, as well as the burden to show the drug intoxication was the sole cause of negligence.  It can and has been done, but is difficult to prove.

Md. Lab. & Empl. Code Ann. §§ 9-506(b), 9-506(c).  and Md.Lab & Empl. Code Ann. § 9-506(d).

Start the clock… 3, 5, or 7 days before lost wage payments?

Check out this quick chart for answers on what the waiting period is in your state or province before lost wages kick in from workers’ compensation.

What is the retroactive period when an employee is able to recoup those first unpaid days?

How about who gets to direct care?

It varies by state.  The answers are here!

Continue reading Start the clock… 3, 5, or 7 days before lost wage payments?