Workers’ Compensation and Medical Marijuana

Medical marijuana has been legal in Colorado since the passage of Amendment 20 in the year 2000 and is supposed to be limited to individuals suffering from specific medical conditions. Even though the state approved medical marijuana, it is still against federal law for a doctor to prescribe it. Questions have arisen as to how medical marijuana fits in with workers' compensation claims and both workers and employers are uncertain as to what the answers are.

Marijuana and the Work Place

The Colorado Department of Public Health and Environment is the agency that distributes the medical marijuana cards and they receive approximately four hundred applications per day. Having a medical marijuana card does not, however,  give an employee the right to use medical marijuana on the job and employers are not required to allow employees to work while under the influence of marijuana.  The state workers' compensation statute actually imposes a penalty of 50% of a worker's wages/benefits if that employee is injured on the job as a result of being impaired by medical marijuana.

It has not been decided in the courts as to whether a worker with a valid medical marijuana card can be fired or faces other penalties for coming to work with detectible amounts of marijuana in his or her body.

Additional Workers' Compensation Concerns

Colorado law does not require that insurers pay for medical marijuana and more complications arise when dealing with an insurance provider from another state where medical marijuana has not been approved for use. The question asked might be "would they be in violation of their own laws if they approved payment for a Colorado employee's use of medical marijuana? "

The Solution to Workers' Comp Difficulties in Loveland

Good communication is important between any injured employee and his or her employer and for any difficulties with workers' compensation claims; you should contact a  Loveland workers' compensation lawyer for advice.  Any number of complications can arise like being denied a claim, not receiving the full amount of benefits that you need, employer retaliation and so forth. At the Busch Law Offices, we can help. We have been representing workers for over thirty years, helping them to obtain compensation even in some of the most difficult of circumstances.

For competent and experienced help with a worker's compensation claim, contact a Loveland workers' compensation attorney at our firm and we will review the details of your case.