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.

Disability Denials: Congressman wants investigation

https://www.tennessean.com/story/news/2019/06/05/social-security-disability-benefits-gao-investigation-rep-john-larson/1359732001/

Click above to read.

Social Security hires doctors to review a large number of people applying for disability. The quality of the reviews was the subject of a newspaper investigative report in Tennessee. This happens in every state.

Medical Marijuana and Illinois Work Comp

Medical marijuana has been legal in Illinois for several years.

There are still a number of questions regarding how the Courts will treat it in the context of a work injury.

For instance, is an employer required to pay for it if a doctor prescribes it for the treatment of a work place injury?

There is a reference in the medical marijuana law that an insurance company may not be forced to pay for medical marijuana.

However, the Work Comp insurance company is different from a health insurance provider.

The other interesting issue is that an employer may have policies that result in termination for testing positive for marijuana.

What happens if you use marijuana for your treatment, and return to work? Then you test positive and are fired.

All kinds of fun issues will result from the interplay of these two laws.

In addition, it looks like recreational marijuana will be soon legal in Illinois. This will just add to the unknown effects of marijuana laws and the Illinois Workers’ Compensation law.

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