Jerome, Gibson, Stewart, Stevenson, Engle & Runbeck, P.C.
  • Home
  • About
  • Workers Compensation Overview
    • Industrial Manufacturing Accidents
    • Medical Benefits
    • Resources
    • Types Of Injuries
    • Types Of Workers
  • FAQ
    • What Should I Do If I Was Injured At Work?
    • What Should I Do If My Benefits Were Terminated?
    • What Will Happen To Me After An Injury?
    • Why Was My Claim Denied?
  • Blog
  • Contact
Select Page

Current confusion of medical marijuana and workers’ compensation

On behalf of Jerome, Gibson, Stewart, Stevenson, Engle & Runbeck, P.C. | Sep 10, 2017 | Workers' Compensation

The changing laws regarding medical — and in some states, recreational — marijuana use may have Arizona workers and employers alike wondering how it could potentially affect workplace safety and workers’ comp. Most of the time, workers’ compensation laws allow for the denial of benefits when an employee’s injury is attributable to alcohol or drug use. However, Arizona does have reasonable accommodation provisions and anti-discrimination laws that could impact an employer’s ability to enforce such policies when it comes to medically prescribed marijuana.

Most employers have drug-free workplace policies, but these policies do not extend to medications described by physicians. In addition, while some states allow benefit reduction or denial if drug use can be proven, the question of what constitutes worker impairment from medical marijuana is still uncertain. Adding to the confusion is the fact that marijuana can remain in a user’s system for a period of time, making it difficult to determine whether the worker was actually impaired at the time of injury.

Employers may be further concerned over whether and how a worker’s legal use of medical marijuana may be allowable in the workplace. To date, Arizona has not placed any restrictions on drug-free workplace policies. Injured employees, on the other hand, may be worrying about the implications of medical marijuana used to treat work-related illnesses or injuries.

Further confusing the issue, marijuana remains illegal at a federal level, though the government has not yet enforced laws in Arizona and other states where its usage has been legalized. In another state, a recent court ruling allowed an employee who tested positive for marijuana usage to proceed with a disability discrimination claim against her employer. With such complex laws surrounding employment, injuries and medical marijuana usage, any Arizona workers injured on the job would be well advised to seek the counsel of a workers’ compensation attorney.

Source: claimsjournal.com, “NCCI: Employers Have Many Questions When it Comes to Pot“, Aug. 29, 2017

  • Facebook
  • Twitter
  • LinkedIn

Recent Posts

  • Trench safety can prevent construction accidents
  • Safety authorities issue warnings to prevent robotic work injury
  • Strict rules exist for respirator use to prevent work injury
  • Work injury: The threats of infectious disease outbreaks
  • Unsafe environments can lead to construction accidents

Archives

  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • October 2012
  • September 2012
  • August 2012

Categories

  • Construction Workers' Accidents
  • Firm News
  • Industrial Workers' Accidents
  • Workers' Compensation
  • Workplace Accidents
  • Workplace Injuries

RSS Feed

Subscribe To This Blog’s Feed

Get In Touch With Us

map location

Phoenix Office:
1001 North Central Avenue
Suite 600
Phoenix, AZ 85004

Contact Info:
Phone: 602-635-6561
Fax: 602-340-8825

map location

Phoenix Office:
Mailing Address
PO Box 2551
Phoenix, AZ 85002

Contact Info:
Phone: 602-635-6561
Fax: 602-340-8825

Map & Directions
REVIEW US

© 2021 Jerome, Gibson, Stewart, Stevenson, Engle & Runbeck, P.C.. All Rights Reserved.

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters