Marijuana and Illinois: Round 2

Last week we discussed medical marijuana and Illinois Workers’ Compensation injuries.

This week we will discuss some work place issues in light of the legalization of recreational marijuana use in Illinois that was passed last weekend.

The Governor has indicated he will sign the bill and it will become effective January 1, 2020. (Not on 4-20, Just a joke)

Employers may still enact policies against marijuana use and drug test. They may also fire someone for having marijuana in their system.

The work injury issue that may come up is if you are injured and you test positive for marijuana.

There is a rebuttable presumption in Illinois law that if a person is found intoxicated it is the proximate cause of the injury and not compensable.

The injured worker is allowed to provide evidence to challenge that the intoxication was not the proximate cause of the accident.

An example might be an object falls on a person and injures her. She might be able to argue that stoned or not she was going to get hit and injured.

There will be a large number of unanswered questions regarding work injuries and the new marijuana law.

Questions about your work injury? Feel free to contact Illinois Work Injury Lawyer Dirk May at 309-827-4371.

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