As per the Compassionate Use of Medical Cannabis Program Act, medical marijuana is legally available in Illinois. The state passed a series of laws that allowed the spread and distribution of the substance, provided users were registered with the Illinois Department of Public Health. However, the Cannabis Act allows employers to ensure their workplaces are drug-free, conduct drug tests, and restrict the use of these substances at work or while their workers are on call. Both Acts are silent when it comes to determining whether cannabis use affects workers’ comp claims or not.
Workers’ Comp and Cannabis Use
The discovery can hurt your claim if you test positive for a drug test. However, you may still be able to acquire compensation if your case is strong and you have dedicated Antioch workers’ comp lawyers in your corner. Workers’ comp is designed to provide cash benefits and medical care to employees who are injured during their work duties. Illinois is a ‘no-fault’ state; you don’t need to prove that your employer was negligent in getting compensation. But in return, you cannot sue them for your injuries. On the other hand, if you were impaired by cannabis and your condition caused the accident, your employer may deny your workers’ comp claim.
Since the substance remains in the body even after the effects wear off, you may still be implicated. In this case, employers are protected by law – they don’t have to pay compensation if your intoxication caused another worker’s injuries on the job or you were so high that you should have been fired. You can legally smoke cannabis and drink alcohol, but you will likely lose your claim if you sustained injuries because you were intoxicated.
Even if your employer doesn’t deny it, the insurance company may. Here is what may happen. Once you are injured at work, you will be asked to take a drug test. Many workers smoke marijuana and consume edibles on their breaks. So if you smoked cannabis on Saturday at a party, the substance would still be in your system at work on Monday. The test may come back positive then.
What Happens If You Test Positive For A Substance
As per Illinois law, if you fail a drug test, it creates what Antioch workers’ comp lawyers call a ‘rebuttal presumption.’ The assumption is that drugs caused your workplace accident or injury, and the insurance company can deny your claim without getting sued. You can argue against their judgment if you prove you weren’t intoxicated, but that usually requires a trial. You will need to get test samples of your blood and urine to prove you were not high at the time of the injury. If you refuse to take the test, the same assumption is considered. If you find yourself in this position, experienced Antioch workers’ comp lawyers can help you overcome the rebuttal presumption using evidence showing that your intoxication did not cause the injury.
Frequently Asked Questions About How Cannabis Use Impacts Workers’ Comp Claims In Illinois
How does cannabis use affect workers’ compensation claims in Illinois?
If you test positive for cannabis after a workplace accident, it creates a “rebuttable presumption” that your intoxication caused the accident. This means the burden of proof is on you to show that your cannabis use did not cause the injury.
Can I still receive workers’ compensation if I test positive for cannabis?
Yes, it’s possible to receive compensation even if you test positive for cannabis. You’ll need to demonstrate that your cannabis use was not the cause of the accident. This often requires evidence such as witness testimony or other proof that the injury was due to work-related factors.
What happens if I refuse to take a drug test after an accident?
Refusing to take a drug test can also create a rebuttable presumption that your intoxication caused the accident. This can make it more difficult to receive compensation.
Does Illinois law allow employers to enforce drug-free workplace policies?
Yes, employers in Illinois can enforce drug-free workplace policies and conduct drug tests after work-related accidents. They can also restrict the use of cannabis at work or while on call.
What should I do if I’m facing a workers’ compensation claim and have used cannabis?
It’s important to consult with an experienced workers’ compensation attorney who can help you navigate the legal complexities and gather evidence to support your claim.
How long does cannabis stay in the system, and how might this affect my claim?
Cannabis can stay in your system for days or even weeks, depending on various factors like frequency of use and metabolism. This means you could test positive even if you used cannabis days before the accident, potentially complicating your claim.
Contact The Law Offices Of Robert T. Edens For A Consultation Today!
Have you been mistreated at work, or had your workers’ comp denied because you were blamed for being intoxicated at work? Contact our Lake County workers’ compensation lawyers at The Law Offices of Robert T. Edens for a consultation today regarding your legal options. We will evaluate your claim before developing a legal strategy to ensure you get the compensation you deserve.
(1/20/2025)