The state of California has legalized marijuana for both medical use as well as recreational use. While there have been many lawmakers as well as organizations who pushed to have marijuana legalized, there is still some concern surrounding the following question:
How will the use of medical marijuana affect a casualty claim?
This question isn’t just something that has citizens concerned with, but also employers, insurance companies, and even doctors. Why? Well, take a workers’ compensation claim for instance. If an employee engages in a work accident but is prescribed to take medical marijuana to treat their condition, they might find that their employer’s workers’ compensation insurance company isn’t willing to pay for their submitted claim. And as you may already know, sometimes insurance companies will outright deny you of receiving benefits, even when you are entitled to collect them.
As medical marijuana becomes more prominent in various states, because California has already accepted it, it is important that a person who is prescribed to take it is treated in the same manner as someone who has been prescribed a different medication to treat their condition. If a worker is suffering from anxiety and is required to take medicine, even while they work, shouldn’t an individual be given the same respect if they are permitted to take medical marijuana?
The trouble is, if a worker is on medical marijuana and they do engage in a work accident, the insurance company may use this as a reason to deny their claim stating the worker was “impaired.” Property Casualty 360 pointed out that “after alcohol, marijuana is the drug most often found in the blood of drivers involved in crashes.” And because the FDA has not identified marijuana as a safe drug to consume, a worker who is prescribed this “medication” might have a difficult time getting their work accident claim paid.
If this is something you are dealing with or you have a question regarding your work accident that transpired in Antioch, California, our accident lawyers are able to provide you with up-to date information regarding current marijuana laws. As the laws continue to change, it is important that your rights are being upheld and you aren’t being denied access to workers’ comp benefits to help pay your medical bill costs as well as reimburse you for your time spent out of work.
Will workers’ compensation cover my medical marijuana prescription necessary to treat my injuries?
There are many physicians who will prescribe marijuana to patients as it has been linked to helping individuals who are suffering with physical and emotional pain. While the California Workers’ Compensation Division states that an employer’s policy is required to cover a worker and their medical bills for their work accident, sometimes, you might run into an issue in the event your doctor is permitting you to use medical marijuana.
Although this has been an issue in the past, Property Casualty 360 has also pointed out that “the majority of casualty claim payers do not cover medical marijuana prescriptions. However, we are seeing a number of instances where judges have forced workers’ compensation payers to reimburse claimants.”
In an event, if you were injured in a work accident and aren’t being provided with the necessary benefits you need, contact us now and we will get you connected to an accident lawyer in Antioch, California who will be able to help you with your workers’ compensation claim.