Does workers comp pay for cbd oil

Can Using CBD Oil Hurt My Workers’ Compensation Claim?

CBD oil has become a popular product for helping ease pain – but could using it affect your workers’ compensation claim? Contact Silverman, McDonald & Friedman to discuss your concerns with an experienced Delaware work injury lawyer today. We have offices in Newark, Seaford, and Wilmington.

CBD has covered the news in the health industry in recent years with various online articles and medical journals covering the topic. Also referred to as Cannabidiol, CBD is promoted strongly in the natural health marketplace as a safe and natural alternative for the treatment of various health conditions, including prominently, chronic pain. Although the hubbub regarding CBD has drawn millions of Americans to order the product from online and local brick-and-mortar health and wellness stores, more is continually being discovered about the potential benefits of this natural substance.

With regard to the current pervasive use of CBD oil throughout the nation, a relevant question is whether or not using this substance can put someone at risk of losing his or her workers’ compensation.

CBD and its potential benefits

CBD is marketed constantly as a natural remedy for various health conditions. The oil that comes from CBD is taken from the hemp plant. The cannabis plant includes a range of compounds that trigger specific physical responses in the body. CBD itself is a naturally occurring substance in the body due to the fact that the body produces cannabinoids on its own. It is important to understand that CBD oil is not marijuana. It does not contain the level of THC marijuana does that results in psychoactive effects. The effect of CBD on the body is to help it more successfully utilize its own endocannabinoids.

Existing research on CBD shows that the substance has the positive effect of reducing muscle spasms (in particular, from multiple sclerosis), the effects of epilepsy, inflammation, and anxiety.

CD also prevents the body from absorbing a compound connected with the regulation of pain called anandamide. As anandamide multiplies in the bloodstream as a result, the level of pain the individual feels may reduce.

CBD use and workers’ compensation

The federal government has removed CBD from any scheduling that would put it in the category of a drug due to the fact that it does not contain the specified level of THC that would produce psychoactive effects when taken. Due to this freedom in the regulations, CBD oil is currently exploding in the health and wellness marketplace. It is designated as a naturally occurring substance. As a result, employees should expect no interference or denial of those workers’ comp benefits if they happen to be taking CBD oil (the non-psychoactive form) at the same time.

At Silverman, McDonald & Friedman, we have extensive experience helping injured employees in Delaware secure the workers’ compensation benefits they are owed. If you are having trouble getting the workers’ comp you deserve, we can go to bat for you. We understand how the insurance industry works with respect to workers’ compensation. Consequently, we can fight with exceptional resources at our disposal to achieve favorable results on your behalf. To schedule a free case evaluation, give us a call today at 302-888-2900 or complete our contact form. Our team of workers’ compensation attorneys serves the state of Delaware from our conveniently located offices in Wilmington, Newcastle, and Seaford.

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Attorney Jeffrey S. Friedman joined Silverman, McDonald & Friedman in 2001. He graduated from Widener University School of Law, and is admitted to practice law in Delaware and Pennsylvania, and in several Federal Circuit courts. He areas of concentration include auto accident and workers’ compensation cases. Read more about Attorney Friedman here.

Does workers comp pay for cbd oil

Is CBD oil in the workplace even allowed? This new widely hyped elixir has been in the news for some time now, and several herbal medicine and therapists claim this to be one of the best pain relievers on the market. Surprisingly, this new medicinal oil has made its way to the makeup and even stress-relief capsules and other cannabis-based goods in the marketplace. While external CBD oil usage may not get you high, internal consumption may result in a positive drug and alcohol test and cause you problems at work. Here is a brief overview of CBD oil in the workplace and its dos and don’ts.

What is CBD, and How does it work?

CBD or Cannabidiol is a compound derived from the Cannabis (Marijuana) plant. CBD is also known as medical marijuana in the marketplace. Most CBD manufacturers describe this plant-based compound as an antidepressant, anti-anxiety, analgesic, and anti-inflammatory oil that can be used externally or internally. The CBD oil is directly derived from the hemp plant, not the marijuana plant. Based on the strength of CBD in hemp oil, its effects may vary.

CBD Oil in the Workplace – Dos, and Don’ts

Cannabidiol or CBD has been on the market for a few years now. Based on the 2018 federal legislation about hemp, it is not an illegal controlled substance. However, ingestion of CBD or CBD-based substances in your workplace can be risky. That’s because one of the active compounds in CBD may flag you as positive in the workplace drug and alcohol test. That means CBD usage may jeopardize your job if your test results show a large amount of unregulated substance known as THC.

Employers are now grappling with internal CBD oil usage in the workplace while also dealing with the rising legalization of such compounds for medicinal and therapeutic purposes. Since CBD is an approved drug for recreational and medical purposes in states across the country, it is not clear how employers should deal with its workplace usage knowing the possibility of a positive test with THC ingestion.

CBD Oil Concerns:

A 2017 study on CBD oils claimed that about 30 percent of CBD samples (oils, liquids, and tinctures) from untrustworthy sources were not the purest concentration of CBD. Furthermore, several of them had more percentage of the THC, although the product labels mentioned differently. Due to the excessive amount of THC, such falsely advertised therapeutic grade CBD could lead to impairment, intoxication, and even a positive drug test if ingested. There are also reports of CBD-based oils potentially containing other contaminants, including heavy metals, at a very unsafe level.

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What Should Employees Do?

  • Always use therapeutic grade CBD oil from a trustworthy source.
  • External usage of CBD products is considered very safe and will not show THC in your system. However, it is advised to consult your physicians before consuming CBD-based products.
  • Always communicate with your manager/supervisor about your CBD usage and therapeutic needs.


  • Do not buy CBD-based products from third-party sellers on an online platform. Most of these products may contain contaminants and possibly THC.
  • If you use CBD oil internally for therapeutic purposes, do not hesitate to communicate with your manager.

Should Employers Allow?

While some reports pose significant concerns for employers in permitting CBD or CBD-based products in the workplace, there is no evidence that an external usage of these products will flag a positive drug test with THC. However, employees must not use CBD oil and products from untrustworthy sources because there is no guarantee about the safety, efficacy, and content of the active compounds in these products. Employers may also consider educating employees about these concerns, and the legal and safety implications of positive test results for THC. Employees who want to use CBD for a therapeutic or medicinal purpose must communicate with their employers clearly. Based on their medical needs, employees may need to work with their managers to develop a plan to avoid any possible legal and safety consequences at the workplace.


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Disclaimer: publishes independently generated writings from a variety of workers’ compensation industry stakeholders. The opinions expressed are solely those of the author and do not necessarily reflect those of

Can Using CBD Oils Stop Your Workers’ Compensation Payments?

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.

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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 615-425-2500 or complete our contact form. We serve Nashville, Hendersonville, and the state of Tennessee.