Can Using CBD Oils Stop Your Workers’ Compensation Payments?

CBD Oil and Workers Compensation Tennessee

In recent years, CBD has pervaded many aspects of health industry news, including medical journals and other online articles. Also known as Cannabidiol, CBD has been touted as a natural and safe alternative to treat various chronic pain and other health conditions. Although the buzz about CBD has led to millions of Americans ordering the product from local health and wellness stores, more is still to be discovered about the benefits of this natural substance.

In light of CBD oil’s pervasive use, the question has been posed as to whether using this substance can interfere with or prevent you from receiving workers’ compensation payments.

What is CBD?

CBD is commonly advertised to provide relief for pain, anxiety, and other health conditions. The oil from CBD is derived from the hemp plant. Though it is often publicly mistaken for THC (tetrahydrocannabinol), the psychoactive compound associated with the marijuana plant, it does not cause the telltale high sensation or any other mind-altering effects. Both CBD and THC compounds do interact with your body’s endocannabinoid system, but they have very different effects. Our physical bodies naturally produce cannabinoids.   Because of this, CBD is not in itself a foreign substance to the body.  The current research on CBD indicates that it has the ability to reduce muscle spasms, inflammation, the effects of epilepsy, and anxiety. Additionally, studies show that CBD may help inhibit the decline of cognitive capabilities.

CBD use and workers’ compensation

Due to the fact that CBD does not produce psychoactive effects, the federal government has eliminated any type of scheduling for this specific substance. Consequently, CBD oil has exploded on the market for over-the-counter use to address numerous health symptoms. In addition, employees seeking or already receiving workers’ compensation can expect no issues involving the denial of benefits if they are presently using CBD oil (the non-psychoactive type), which is legal throughout the U.S.

Marijuana and workers’ compensation

Immediately after a crash, an employer may perform (or be required to perform) a drug test on an injured employee seeking workers’ compensation. Beyond the workers’ compensation insurance and regulatory reasons involved, this test serves to deter drug use among employees since they know they may be subjected to testing after a workplace accident.

When consumed, the marijuana type of cannabis imposes psychoactive and physiological effects on the individual. Other than an altered state of perception and mood, some of the most common short-term neurological and physical effects on the recipient include increased appetite and food consumption, reduced blood pressure, increased heart rate, impaired memory (short-term and working), diminished ability to concentrate, and decreased psychomotor coordination.

Individuals receiving workers compensation’ and found to be using marijuana or those seeking such compensation and have tested positive for marijuana may be subject to losing their workers’ comp benefits.

In Tennessee, the use or possession of marijuana is strictly forbidden. However, a state law was passed in 2004 allowing the procurement and use of cannabis oil containing large amounts of CBD with a very small amount of THC for critically ill, seizure patients. The state legislature modified this law further in 2015 and 2016.

At the Rocky McEIhaney Law Firm, our trial Nashville attorneys are highly experienced serving clients and workers’ compensation cases. We know how to handle the insurance companies both before and during trial. Our team utilizes an extensive array of resources, including medical and vocational experts, accident reconstructionists, and accountants to demonstrate to juries the liability of the at-fault party and how much compensation injuries are worth. To arrange a free consultation about your case, call us today at 615.246.5549 or complete our contact form. We serve Nashville, Hendersonville, and the state of Tennessee.

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"5 stars! To whom it may concern: Rocky McElhaney Law Firm went above and beyond the call of duty when it came to handling my case. Rocky McElhaney and Russell Belk were there for me 100% of the way."

Linda S.

Rocky McElhaney Law Firm
5.0
2015-02-06T15:34:24+00:00

Linda S.

"5 stars! To whom it may concern: Rocky McElhaney Law Firm went above and beyond the call of duty when it came to handling my case. Rocky McElhaney and Russell Belk were there for me 100% of the way."

“You and your staff again are amazing…”

"As much as I love all the "thank you's" my friend is giving me for recommending you, I of course cannot take all the credit. You and your staff again are amazing and when I can, I wil refer you always. My friend is overwhelmed (her exact words) for how well you took care of her and her daughter."

Kerry W.

Rocky McElhaney Law Firm
5.0
2015-02-06T15:32:17+00:00

Kerry W.

"As much as I love all the "thank you's" my friend is giving me for recommending you, I of course cannot take all the credit. You and your staff again are amazing and when I can, I wil refer you always. My friend is overwhelmed (her exact words) for how well you took care of her and her daughter."

“We could never begin to thank you for all of your help.”

"We could never begin to thank you for all of your help. We always refer folks to you and will continue as you are, “The Man!” We treasure your friendship and are so proud to say that Rocky McElhaney is our lawyer!"

Bobby and Beck P.

Rocky McElhaney Law Firm
5.0
2015-02-06T15:33:42+00:00

Bobby and Beck P.

"We could never begin to thank you for all of your help. We always refer folks to you and will continue as you are, “The Man!” We treasure your friendship and are so proud to say that Rocky McElhaney is our lawyer!"

“Rocky McElhaney Law firm is filled with great people…”

"5 stars! If you’re looking for a team of great attorney’s, then you’ve reached the ones and no longer need to search. Rocky McElhaney Law firm is filled with great people that are empathetic, and will fight for you like they are fighting for themselves! Call them up and see for yourselves!"

Phillip H.

Rocky McElhaney Law Firm
5.0
2015-02-06T16:37:49+00:00

Phillip H.

"5 stars! If you’re looking for a team of great attorney’s, then you’ve reached the ones and no longer need to search. Rocky McElhaney Law firm is filled with great people that are empathetic, and will fight for you like they are fighting for themselves! Call them up and see for yourselves!"

“I would like to express my sincere gratitude…”

"5 stars! I would like to express my sincere gratitude to you and all the attorneys who handled my case from The Rocky McElhaney Law Firm for your excellent representation in my case. Words cannot express my heartfelt thanks for your outstanding professionalism, expertise, and legal consultation."

Eddie H.

Rocky McElhaney Law Firm
5.0
2015-02-06T16:39:03+00:00

Eddie H.

"5 stars! I would like to express my sincere gratitude to you and all the attorneys who handled my case from The Rocky McElhaney Law Firm for your excellent representation in my case. Words cannot express my heartfelt thanks for your outstanding professionalism, expertise, and legal consultation."

“…You are not just a number, but a name.”

"5 stars! This is the greatest Law firm I have ever seen. They make you feel like you are being taken care of and you are not just a number, but a name. They are very concerned with your every need. Rocky we love your LAW FIRM!!"

Mary T.

Rocky McElhaney Law Firm
5.0
2015-02-06T16:39:44+00:00

Mary T.

"5 stars! This is the greatest Law firm I have ever seen. They make you feel like you are being taken care of and you are not just a number, but a name. They are very concerned with your every need. Rocky we love your LAW FIRM!!"
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