Cannabis became legal for recreational use in Illinois in 2020 under the Cannabis Regulation and Tax Act. However, state and federal laws on marijuana use continue to evolve. A common question in Illinois is whether you can use medical marijuana for pain while on workers’ comp. Learn about this important matter below. If you have questions about your workers’ comp case, an Antioch workers’ comp lawyer at The Law Offices of Robert T. Edens, P.C., can help you today.
Medical Marijuana Use In Illinois For Workers’ Compensation Claim
Some states allow medical marijuana reimbursement. However, Illinois still requires patients to have their physicians verify that they have at least one of 35 conditions to be prescribed medical marijuana. If you have been diagnosed with one of these conditions, you need ‘written certification.’ This means having a document that is dated and signed by a doctor that says you are likely to have comforting or therapeutic benefits from using medical marijuana.
If you successfully get written certification from your doctor, you can use medical marijuana for pain for your job-based injury claims. However, your doctor’s authorization will be necessary no matter how you decide to treat your pain and injury under workers’ comp.
Will Your Employer’s Workers’ Comp Insurer Pay For Medical Marijuana?
The Illinois Compassionate Use Of Medical Cannabis Pilot Program Act does not explicitly state that a workers’ compensation insurance company in Illinois will cover medical marijuana. However, some legal authorities believe the insurer will be mandated to do so when all requirements in the law are satisfied.
On the other hand, employers might argue that paying for medical marijuana for a worker’s pain is not reasonable or necessary. If your employer does not pay for medical marijuana, you may need to pay for it yourself. Or, you can contact a workers’ comp attorney in Antioch to consider legal action.
Can An Employer Refuse To Employ You In Illinois For Using Medical Marijuana?
Illinois employers are not allowed to discriminate against you for medical cannabis use. Just having a medical marijuana registration card is not a justifiable reason not to employ you. The company may continue enforcing drug policies to promote a drug-free workplace. The policy must be enforced in a non-discriminatory way, though.
There is some gray area in Illinois law regarding the use of medical marijuana during a workers’ comp claim. A workers’ comp attorney in Illinois can be a helpful resource to determine what your options are for pain treatment while on workers’ comp.
Talk To Our Antioch Workers’ Comp Attorney
Using marijuana for recreational and medical purposes in Illinois is an evolving issue. It is critical to be aware of how the law is changing. If you are considering using marijuana for pain while on workers’ comp, an Antioch workers’ comp attorney at The Law Offices of Robert T. Edens, P.C., can assist you with questions. Please contact us at (847) 395-2200 today. Our attorneys proudly serve Palatine, Chicago, Waukegan, Libertyville, and Woodstock.