Legal Question in Workers Comp in North Carolina

Is it legal?

First, my husband smokes marijuana.The boss knows about it, others on the crew also smoke it.Is it true that if my husband gets hurt at work that he cannot sue with marijuana in his system?Also, the boss charges him twenty dollars out of every hundred dollars he makes for workers compensation,(he does not take taxes)is that legal?Thanks for any help you can give.


Asked on 4/21/04, 11:25 am

1 Answer from Attorneys
George Lennon Lennon, Camak & Bertics, PLLC

Re: Is it legal?

Workers Comp benefits are not payable if an injury or death was caused by intoxication or use of a controlled substance. NCGS 97-12.

A deduction for insurance may be legal depending on the circumstances. However, 20% seems high. Failure to pay taxes, etc. is illegal. If your husband gets hurt, he may not even be eligible for Social Security Disability benefits because he hasn't been paying into the system. Tell the pot head to get a real job with a real employer. If he is part of a crew, he is not likely to be an "independent contractor."

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Answered on 4/21/04, 1:45 pm


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