Legalizing marijuana for medical ailments has been used for pain management in chronic illnesses. However, as its usage spreads, workers’ compensation insurance is unsure of the right way to approach this. U.S. state courts are now seeking the input of the federal department on the issue.
It is no surprise that insurance companies are in a dilemma. At the moment, the use of medicinal marijuana is unregulated. There are no standard doses for its administration, leaving companies confused about what to cover and what should be left out.
State Policy Conflicts Across the U.S.
In Minnesota, injured employees were seeking compensation for treatment with marijuana after being harmed in the workplace. However, their claims were dismissed due to the Schedule 1 status of the drug. This means that cannabis lacks proper guidelines outlining its use and could easily be abused.
A similar problem is observed in other states where state courts are arriving at different rulings. States like New Jersey and New Hampshire have been ruling in favor of claimants for the reimbursement of medical marijuana bills.
The increasing number of federal-state policy conflicts has forced the Supreme Court to get involved in these cases. While the courts declined to attend to claims against federal cannabis prohibition in 2020, Supreme Court Justices believe that the federal policy on marijuana may not be proper.
While the federal law may not entirely approve of the drug, it has been found effective for pain relief and is considerably less addictive than other prescribed drugs like Morphine and Adderall. In addition, marijuana is hard to overdose during administration, and insurers are now opting to directly compensate clients for the money spent on acquiring the drug.
At the moment, federal law prohibits the use of marijuana. Despite this, 33 states have permitted medical marijuana use, 11 equally allowing it for recreation and enjoyment.
How Compensation Works
The question still stands: Should workers receive compensation for medical marijuana bills? It depends on the circumstances surrounding the situation. If a qualified medical professional prescribes medicinal marijuana, and the Compassionate Care Act covers the prescription, the worker is bound to receive repayment.
This was the case of a plumber who was injured following an accident in the workplace. During the hearing, the plumber filed a claim to cover medical expenses, including medicinal marijuana prescriptions. He provided proof that his doctor prescribed the drug following the accident to help relieve pain.
However, the insurance company providing coverage for the medical expenses declined the claim for medical bills regarding marijuana as there are no proper guidelines governing the drug usage. Despite everything, the judge ruled in his favor, stating that the insurance carrier should compensate the plumber.
Unfortunately, not all workers are lucky enough to get compensated for medical marijuana bills. Nevertheless, to guarantee reimbursement from Compensation Boards, a variance request form must be filled out and approved before the prescription of medical marijuana.
All in all, the use of marijuana for medical purposes is legal, but the mechanics surrounding the drug is complicated. It is time for a common policy to cover medical marijuana compensation to avoid a repeat of the issues mentioned here.
“The application process for workers’ compensation is complex. Seeking the help of an attorney can benefit you by guiding you through the legal process, helping you file your claim, and receiving the compensation you deserve,” says workers’ compensation lawyer Ronny Hulsey.