Workers’ Compensation Claims
Since the legalization of medical marijuana in Oklahoma, there has been growing interest in how it affects workers’ compensation claims. Here are some ways that medical marijuana can impact workers’ compensation claims in Oklahoma.
Medical Treatment
If an injured worker is a registered medical marijuana patient, they may be able to use medical marijuana as part of their treatment plan. This could include using medical marijuana to manage pain, inflammation, or other symptoms associated with their injury.
By incorporating medical marijuana into their treatment plan, injured workers may find relief from their symptoms and potentially reduce their reliance on other medications. This can also lead to improved overall well-being and potentially faster recovery.
Drug Testing
If an injured worker tests positive for marijuana, the employer’s workers’ compensation insurer may try to deny their claim on the basis of drug use. However, if the injured worker is a registered medical marijuana patient, they may be able to argue their use of medical marijuana is a necessary part of their medical treatment.
It is crucial for injured workers to provide documentation and evidence of their registration as a medical marijuana patient to support their argument. This can help strengthen their case and potentially overcome any resistance from the insurer.
Impairment
If an injured worker is using medical marijuana, the employer’s workers’ compensation insurer may argue that they’re impaired or unable to work. However, the injured worker may be able to provide evidence that the use of medical marijuana does not impair their ability to perform their day-to-day job duties.
This can be done through medical evaluations and assessments that demonstrate the worker’s ability to function effectively while using medical marijuana. It is important to emphasize that medical marijuana can be used responsibly and does not necessarily hinder an individual’s ability to perform their job.
Compensability
In some cases, medical marijuana may be considered a compensable expense in workers’ compensation claims. This could include the cost of medical marijuana products as well as any other related expenses such as transportation or caregiver services.
It is crucial for injured workers to consult with legal professionals familiar with workers’ compensation laws in Oklahoma to determine the compensability of medical marijuana expenses. They can provide guidance on how to navigate the claims process and advocate for the inclusion of medical marijuana-related costs.
Contact Us for a Low-cost Strategy Session
The impact of medical marijuana on workers’ compensation claims in Oklahoma is relatively new, so it’s important for injured workers and employers to work with legal professionals to understand their rights and responsibilities. For more information, you can contact me, a medical marijuana defense lawyer in Oklahoma, at OklahomaMedicalMarijuana.Attorney. We offer a low-cost consultation to discuss your specific situation and provide legal guidance tailored to your needs.