Can You Get Workers’ Comp If You Smoke Weed in Nevada?
If you were injured on the job in Las Vegas and use marijuana, you may be wondering whether your workers’ compensation claim is at risk. Smoking weed does not automatically disqualify you from receiving workers’ comp benefits in Nevada, but it can complicate your claim. Nevada operates a no-fault workers’ compensation system, which means benefits are generally provided regardless of who caused the workplace accident. However, if drugs or alcohol are detected in your system after an injury, the insurer may use that as grounds to deny your claim. Understanding how marijuana use intersects with your rights as an injured worker is critical to protecting your benefits.
If you have questions about your claim or received a denial, Shook and Stone can help. Call 702-570-0000 or reach out to our team today for guidance.
How Nevada’s No-Fault Workers’ Comp System Works
Nevada requires all private employers with one or more employees to maintain workers’ compensation insurance. This coverage provides medical treatment, wage replacement, and other benefits to workers who suffer on-the-job injuries or occupational diseases, regardless of fault.
Because workers’ compensation is an exclusive remedy in Nevada, employers who carry coverage are generally protected from additional damage claims filed by injured employees. In exchange, workers receive swift access to benefits without proving negligence. This trade-off forms the foundation of workers’ compensation in Nevada.
While the system is no-fault, insurers and employers can raise fault-based defenses. The most significant defense involves drug and alcohol use, which is where marijuana becomes a factor in your claim.
The Drug and Alcohol Defense: What Happens After a Positive Test
Under NRS 616C.230, compensation is not payable for a workplace injury that occurred while the employee was under the influence of a controlled or prohibited substance, meaning the amount in the employee’s system meets or exceeds the thresholds set forth in NRS 484C.110, and for which the employee did not have a current and lawful prescription. This means the insurer can deny your claim on that basis, and the burden shifts to you to prove by clear and convincing evidence that being under the influence was not the proximate cause of the injury. For workers who use marijuana, even off-duty recreational or medical use, this standard poses a serious threat.
This defense does not automatically end your claim. The bar against compensation is rebuttable, but the standard is demanding: you must show by clear and convincing evidence that being under the influence was not the proximate cause of the accident. For example, if a heavy object fell on you from overhead while you were standing in your assigned work area, the circumstances may demonstrate that impairment played no role.
💡 Pro Tip: If you are drug tested after a workplace injury, do not refuse the test. A refusal can be treated the same as a positive result and may give the insurer stronger grounds to deny your claim.
Learn more about how drug testing affects your workers’ comp claim to understand what to expect after an on-the-job injury.
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When Can Your Employer Drug Test You in Nevada?
Nevada employers can conduct reasonable suspicion drug testing based on specific, observable signs. These signs may include the odor of a controlled substance, erratic behavior, slurred speech, or involvement in a workplace accident requiring medical treatment. The employer must have an articulable reason for requesting the test.
Pre-Employment Marijuana Testing Restrictions
Nevada became the first state to restrict pre-employment marijuana drug testing. Under AB 132, effective January 1, 2020, it is generally unlawful for most Nevada employers to refuse to hire a candidate solely because they tested positive for marijuana.
Exceptions for Safety-Sensitive Positions
Not every job is covered by these protections. Employers can still screen and refuse to hire applicants who test positive for marijuana if the position involves safety-sensitive duties, including:
- Drivers (including commercial vehicle operators)
- Firefighters
- Emergency medical technicians
- Certain federal government positions
- Other roles designated as safety-sensitive
💡 Pro Tip: Even if your employer cannot use a pre-employment marijuana test against you, a post-injury drug test is a different matter entirely. Nevada workers’ comp drug test results carry significant weight in claim disputes.
Can You Get Workers’ Comp If You Smoke Weed and Get Hurt at Work?
Yes, you can potentially still receive workers’ comp benefits, but your marijuana use gives the insurer a powerful tool to challenge your claim. The critical question is not whether you used marijuana, but whether that use contributed to your workplace injury. If the insurer raises the drug and alcohol defense under NRS 616C.230, you will need to overcome the statutory bar by presenting clear and convincing evidence that being under the influence did not cause or contribute to the accident.
Several factors may influence whether your claim survives a positive marijuana test. Courts and hearing officers may consider the nature of the accident, whether your job duties were being performed normally, witness statements, and the circumstances surrounding the incident. A worker struck by a forklift may have a stronger argument that marijuana played no role than someone who caused a single-vehicle accident while operating heavy equipment.
💡 Pro Tip: Marijuana can remain detectable in your system for days or weeks after use. A positive test does not necessarily prove you were impaired at the time of the accident, and this distinction may matter in your case.
Cannabis Reimbursement Through Workers’ Comp: A Developing Area
Even in states where medical marijuana is legal, reimbursement for cannabis through workers’ compensation is not automatic. A study in the American Journal of Industrial Medicine by Howard et al. (2021) found that only 6 of 36 states with medical cannabis laws expressly allow workers’ comp cannabis reimbursement. Meanwhile, 6 states expressly prohibit it, 14 do not require it, and 10 states plus the District of Columbia remain silent.
The study noted that cannabis as pain management may spare injured workers the dangers of opioid addiction, a pressing concern in workers’ compensation medical care. Where cannabis reimbursement is available, it is generally treated as a last resort, meaning the worker must have tried other treatments first and must be an approved participant in the state’s medical cannabis program.
| Cannabis Reimbursement Status | Number of States |
|---|---|
| Expressly allow reimbursement | 6 |
| Expressly prohibit reimbursement | 6 |
| Do not require reimbursement | 14 |
| Silent on the issue | 10 + DC |
Nevada has addressed marijuana in the workplace through Division of Human Resource Management Memorandum HR #03-17. However, whether workers’ comp will reimburse you for medical cannabis in Nevada depends on the specific facts and rules governing your claim.
💡 Pro Tip: If you are using medical marijuana for a work-related injury, keep thorough records of your medical cannabis program participation, prescriptions, and any prior treatments that failed to manage your pain.
Can You Be Fired for Filing a Workers’ Comp Claim in Nevada?
Nevada is an at-will employment state, but that does not give employers the right to fire you for filing a workers’ comp claim. The Nevada Supreme Court addressed this in Hansen v. Harrah’s, holding that terminating an employee for filing a workers’ compensation claim violates Nevada public policy and constitutes tortious discharge.
Your Employer Can Still Enforce Workplace Rules
Having a pending workers’ comp claim does not make you immune from termination. Employers retain the right to enforce performance standards and address legitimate misconduct. The key issue is whether the employer can demonstrate that the termination was unrelated to the claim. If timing or circumstances suggest retaliation, the termination may be challenged.
Lifetime Reopening of Claims
Nevada allows an injured worker to reopen their workers’ compensation claim at any point in their lifetime if they can prove their condition has worsened, but only if they were off work due to the injury for the minimum required duration or received a permanent partial disability (PPD) award. Workers with minor medical-only claims must reopen within one year. Claims that close under NRS 616C.235 and are not timely appealed, or that are unsuccessfully appealed, generally cannot be reopened under NRS 616C.390. However, settled claims that resulted in a permanent partial disability award or met the minimum duration of incapacity may still be eligible for reopening if the claimant’s condition worsens.
💡 Pro Tip: Document everything related to your injury and your employer’s response. If your employer takes adverse action shortly after you file for workers’ comp, that timing could support a retaliation argument.
Frequently Asked Questions
1. Does smoking weed automatically disqualify me from workers’ comp in Nevada?
No. Smoking weed does not automatically disqualify you. However, if marijuana is detected in your system at or above the thresholds set forth in NRS 484C.110 and you do not have a current, lawful prescription, compensation may not be payable. The burden shifts to you to prove by clear and convincing evidence that being under the influence was not the proximate cause of the injury.
2. Can my employer drug test me after a workplace accident in Nevada?
Yes. Nevada employers can conduct reasonable suspicion drug testing, and a workplace accident requiring medical treatment generally qualifies as a basis for testing. If you test positive for marijuana or another controlled substance, the insurer may use the result to challenge your workers’ comp benefits.
3. Will workers’ comp pay for my medical marijuana in Nevada?
This remains a developing area of law. Cannabis reimbursement under workers’ comp is not automatic, even in states with medical marijuana programs. It is generally treated as a last resort after other treatments have failed, and the worker must be an approved participant in the state’s medical cannabis program.
4. Can I be fired for filing a workers’ comp claim in Las Vegas?
Nevada law prohibits employers from terminating employees in retaliation for filing a workers’ comp claim. The Nevada Supreme Court confirmed this protection in Hansen v. Harrah’s. However, employers may still terminate workers for legitimate, unrelated reasons such as documented misconduct or performance issues.
5. Can I reopen a denied workers’ comp claim later if my injury gets worse?
Yes, but with important limits. Nevada allows injured workers to reopen their workers’ compensation claim at any point during their lifetime if they can demonstrate that their condition has worsened, but only if they were off work due to the injury for the minimum required duration or received a permanent partial disability (PPD) award. Workers with minor medical-only claims must reopen within one year. Claims that close under NRS 616C.235 and are not timely appealed, or that are unsuccessfully appealed, generally cannot be reopened under NRS 616C.390. However, settled claims that resulted in a permanent partial disability award or met the minimum duration of incapacity may still be eligible for reopening if the claimant’s condition worsens.
Protecting Your Rights After a Workplace Injury
Navigating a workers’ comp claim when marijuana is involved requires a clear understanding of Nevada law and how drug testing defenses work. Whether you are a construction worker, casino employee, or warehouse associate in Las Vegas, the facts of your specific situation matter. A positive marijuana test does not end your claim, but it creates hurdles that require a strategic response.
If you were injured at work and are concerned about how marijuana use may affect your claim, the team at Shook and Stone is ready to help. Call 702-570-0000 or contact us online to discuss your Las Vegas workers’ compensation case.
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