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Can I Use Medical Marijuana While On Workers’ Comp In Illinois?

If you were injured on the job and have a workers’ compensation claim, you could be in a lot of pain as you recover. Is it possible to use medical marijuana in Illinois on a workers’ compensation claim?

Medical marijuana was legalized in Illinois for particular residents in 2014. In January 2020, this state became the 11th to make recreational marijuana legal. While many see the loosening of marijuana laws as a good thing, it can be confusing for workers injured on the job in Illinois.

Marijuana is legal, but your company may still require a drug-free workplace. Below is more information about medical marijuana and workers’ comp claims. Next, contact our Illinois workers’ comp lawyers at Fisk & Monteleone for additional information.

Workers’ Compensation Claims And Medical Marijuana Testing

It is common today in some workers’ compensation cases for companies and workers comp insurers to try to deny benefits to those who have tested positive for THC after the incident. For example, the worker is allowed to take marijuana for pain if a doctor authorizes it, but the insurance company may then deny benefits.

However, a positive THC drug test will not necessarily hurt your workers’ comp claim in Illinois. For you to receive benefits, you will need to show that your weed use was not the cause of your job-related injury.

Retaining a skilled workers’ comp attorney in these cases is essential. Drug tests that show THC in the blood do not show how impaired you are. However, a positive drug test may still show you were under the influence of drugs. To win the case, your lawyer needs to overcome this issue.

Workers’ Comp Denial Based On A Positive Drug Test

The Illinois Workers’ Compensation Act states that workers’ comp payments are only paid for injuries at or related to work. As a result, it is not unusual for an Illinois workers’ comp attorney to see an insurance company deny benefits because drug and alcohol use is not allowed at work. The logic is that the worker was not working when the accident happened because he broke the drug rule.

The rules about marijuana use and how they affect workers’ comp claims are constantly changing. For example, you could be stuck with unpaid wages and medical bills when your employer denies your claim because of a positive THC test. However, your attorney can appeal your benefits denial based at least partially on the fact that marijuana use is mainly legal in Illinois today.

Talk To Illinois Workers’ Comp Attorneys Now

Were you injured on the job and unable to work? You may be able to file a workers’ comp claim in Illinois to receive benefits while recovering. Our Illinois workers’ comp attorneys can help you file your workers’ compensation claim and handle any issues that arise, including medical marijuana and other treatments.

Our experienced Illinois workers’ compensation attorneys work in the communities of Boone County, Rockford, Belvedere, Loves Park, DeKalb, Poplar Grove, Byron, Freeport, and the surrounding area. Please contact our lawyers, Fisk & Monteleone at 815-962-0044 to discuss your workers’ compensation claim.