Do we have to file a workers' compensation claim for an employee injured on the job and who tested positive for marijuana?

Yes. Failure to file/process a claim may subject the employer to a penalty.

The employer may be entitled to a defense, but the employee should still be given a workers’ compensation claim form, and the employer must meet its reporting obligations.

When an employee is intoxicated by alcohol or drugs at the time of the injury, it is considered to be an affirmative defense to his/her workers' compensation claim, and as a result, may bar compensation to the applicant. That is determined by a judge, however, not the employer.

The employer must prove the impact of alcohol/drugs on the injury at the time of trial;