Medical Marijuana and Workers’ Compensation: What You Need to Know

Understanding how medical marijuana use may affect a workers’ compensation claim can be challenging, especially as state laws evolve and leave important questions unanswered. Employees using medical cannabis may face uncertainties about their rights, employer policies and how their use could influence claim decisions. 

A trusted workers’ compensation attorney can help clarify these issues, protect your rights and guide you through the claims process with confidence.

Laws Impacting Medical Marijuana Use in Illinois 

Under the Compassionate Use of Medical Cannabis Pilot Program Act, medical marijuana is legal in Illinois for users registered with the Illinois Department of Public Health. At the same time, the Cannabis Regulation and Tax Act allows employers to maintain drug-free workplaces and conduct random drug testing. While these laws are somewhat at odds with one another, neither address how cannabis use impacts workers’ compensation claims.
 

What Happens If I’m Injured at Work While Using Medical Marijuana?

Under Illinois law, testing positive—or refusing to test—for cannabis after a workplace accident can create a presumption that the influence of cannabis caused the injury, allowing insurers to deny your claim. Employers have the right to enforce drug-free workplace policies, conduct post-accident testing and discipline employees who violate their policies.

While you may still receive benefits, the burden shifts to you to prove cannabis was not the cause of your workplace injury. This often requires results from medical testing, witness statements or other evidence showing the accident resulted from work-related factors. 
 

Will Medical Marijuana Be Covered If It’s Prescribed as Treatment for a Workplace Injury?

Although medical marijuana is legal in Illinois, workers’ compensation laws provide no guarantee of coverage. Currently, only five states require insurers to pay for medical cannabis in workers’ compensation cases. 

Get the Representation You Need

Given the complexity of the laws and the significance of the outcome, consulting an experienced workers’ compensation attorney is essential. A knowledgeable attorney can help gather evidence, challenge any presumptions of cannabis-related injury and protect your right to benefits.

As the leading workers’ compensation law firm in Rockford, IL, Black & Jones Attorneys at Law can help you understand your legal rights and guide you through every step of the claim process to secure the benefits you deserve. Contact us today at (815) 967-9000 or fill out our online form to schedule your free consultation.