Recreational Marijuana and Workers’ Compensation: What Employers Need to Know

With the impending legalization of recreational marijuana in Illinois on January 1, 2020, employers are abuzz about the potential implications on their operations, particularly how legalization impacts alleged work injuries. Under the Illinois Workers’ Compensation Act, employees found intoxicated at the time of an accident are denied compensation if the intoxication was the proximate cause of the injury or if the employee was so intoxicated it constituted a departure from the employment. 820 ILCS 305/11.

The act already considers evidence of intoxication from the use …

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Illinois Legislature Looking to Reduce Costs by Reforming Risk

Illinois has recently proposed legislative reform to the Illinois Workers’ Compensation Act. The ultimate goal of the proposed legislation is to reduce costs of litigation and exposure for workers’ compensation injuries. While it is important to deliberate proposed legislation, it is also important to remember its impact is undecided. The following is an analysis of one particular proposed amendment regarding neutral risk, which may not meet the goals of legislative reform.

The proposed amendment, Illinois Senate Bill 12, attempts to provide more guidance regarding the …

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