Drug Use Does Not Bar Collecting Workers Comp In Illinois

Employer Must Pay Pot Smoker Workers’ Comp Benefits

Even with a post-injury drug test demonstrating an Illinois workers’ comp claimant recently smoked marijuana, his employer must pay lifetime benefits, an Illinois appeals court recently determined.

The claimant, a 21-year-old apprentice carpenter, fell through a hole in the second-floor of a house under construction. He now reportedly has paraplegia.

Even though expert testimony showed that a post-injury drug test revealed “proximal use” of pot and impairment, an arbitrator said the claimant was entitled to $445 per week for life and the Workers’ Compensation Commission upheld the award. Proximal use as it relates to this case means the claimant consumed pot as much as a day and a half prior to the accident.

The employer sought to have the appeals court rule that claimants are prohibited from receiving benefits if scientific evidence documents they are impaired by marijuana consumption.

The Illinois 3rd District Court of Appeals confirmed the state’s Supreme Court opinion, which previously ruled there are only two ways an employer can use intoxication as a defense in work comp cases. (workersxzcompxzkit)

1. If the injury was the result of intoxication rather than arising out of a worker’s employment.
2. If the worker was so intoxicated it can seen as an abandonment of his workplace duties.

The appeals court said the claimant was performing his workplace duties until the accident happened so his work was a contributing factor. The court also determined the employer basically sought to have the court abandon the intoxication defense standards the Supreme Court established.

Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: [email protected] or 860-553-6604.

Budding writer? Contact us: [email protected].

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker about workers’ comp issues.