Does Vermont Workers’ Compensation Cover Medical Marijuana?
After suffering a work injury in Vermont, recovering can be challenging. Fortunately, in Vermont, employees who suffer injuries while on the job are covered by workers’ compensation insurance. Workers’ compensation provides medical benefits and several other benefits. When it comes to medical benefits, a question you might find yourself asking is whether workers’ compensation covers medical marijuana.
So, does workers’ compensation cover medical marijuana in Vermont? The short answer is no. While Vermont law allows medical and recreational marijuana, its workers’ compensation system currently does not require employers or insurance companies to cover the cost. Read on to learn why this is the case and what this means for you as an injured worker.
What Does Vermont Workers’ Compensation Cover?
In Vermont, the workers’ compensation system is in place to ensure that employees who are injured while on the job have a safety net. Workers’ compensation covers;
- Medical expenses
- Lost wages
- Vocational rehabilitation
- Other benefits
When it comes to medical expenses, workers’ compensation insurance companies are required to pay for all reasonable, necessary, and related medical treatment. In Vermont, reasonable and necessary medical benefits include;
- Doctor visits and hospital care
- Surgery or physical therapy
- Prescription medication
- Medical devices and modifications
The above benefits are guaranteed under 21 V.S.A. section 640.
Why Is Medical Marijuana Not Covered?
Vermont legalized the use of cannabis for medical purposes in 2004. Recreational marijuana became legal in 2018. This means that eligible patients can use marijuana to treat their medical conditions.
However, while medical marijuana is legal in Vermont, it is still a Schedule I controlled substance under the federal Controlled Substances Act. This means that under federal law, cannabis use is illegal for any reason. Therefore, expenses related to medical marijuana and CBD products are ineligible for coverage under workers’ compensation insurance.
But why does federal law matter? You may be wondering. Workers’ compensation operates under both state and federal guidelines, so marijuana’s federal status directly affects whether insurers can legally cover medical marijuana. If an employer or their insurance company were to pay for medical marijuana, it could be a violation of federal law.
What if a Doctor Recommends Cannabis?
But what if your treating physician recommends using cannabis as part of your treatment? Even if your doctor recommends that you use marijuana to treat your work-related injury, your employer’s insurance company is not required to reimburse the cost. In such a case, you can use cannabis as part of your treatment, but you must pay out-of-pocket for the product.
Other Medical Expenses Not Covered by Workers’ Compensation
Apart from medical marijuana and CBD products, other medical expenses may not be covered under Vermont’s workers’ compensation law. They include;
- Cosmetic procedures, unless the procedure is medically necessary for function
- Alternative therapies, such as acupuncture or massage therapy, unless a licensed healthcare professional prescribes them as part of your treatment plan
- Over-the-counter medications and devices
After suffering a work-related injury, it is crucial to discuss any potential exclusions with your employer or their insurer, so that you know what will be covered and what won’t be covered. A skilled workers’ compensation lawyer can also help you understand your rights and how to maximize your benefits under current law.
Contact a Vermont Workers’ Compensation Attorney
Our skilled Vermont workers’ compensation lawyer at Sluka Law PLC can guide you through the confusing world of workers’ compensation insurance and ensure you get the benefits you are entitled to. Contact us today to schedule a consultation.
