A recent change to Pennsylvania workers’ compensation law allows you to potentially claim reimbursement for medical marijuana expenses after a work injury. The cost of medical marijuana can now be considered a legitimate medical expense in a workers’ compensation case.
This law reflects the growing trend of medical marijuana being legalized in many states, including Pennsylvania and the recognition of the potential benefits marijuana can provide to those suffering from pain due to an injury.
To qualify for reimbursement under this law, you must show that medical marijuana was specifically prescribed for your work injury and no other injury or condition, such as anxiety. The medical marijuana use must also be able to show to be reasonable and necessary for the treatment of your work injury.
Obtaining your medical marijuana card
The first step is obtaining a medical marijuana card. You can do this even if you are already receiving workers’ compensation benefits.
You generally obtain a medical marijuana card by having a doctor testify that you need it. The doctor must be approved by Pennsylvania’s Medical Marijuana Program.
Once you are cleared through the approved doctor’s testimony, your primary physician can provide you with a medical marijuana card that you can use to fill your prescriptions.
When you submit your request for reimbursement, you will need to submit a copy of your medical marijuana card, the medical clearance from the approved doctor and any other documentation you have that supports your claim of medical necessity of marijuana in your treatment and recovery.
Despite this new law, you may still have trouble getting an insurance company to review and approve the expense. Even if you have followed all steps correctly and in a timely manner, you might still experience challenges or a denial from your insurance company.
Increase your chance of approval
Therefore, it is extremely important to follow every rule and instruction with claiming reimbursement for your medical marijuana expenses. This includes following all other rules regarding obtaining workers’ compensation after a work injury.
Save receipts and any other documents from treatment or expenses for your work injury, including receipts from filling your medical marijuana prescriptions. Keep doing this until you are cleared to return to work, which is when your doctor determines you have reached maximum medical improvement.
Do not do anything else that could cause you to lose your workers’ compensation benefits, such as not following your doctor’s instructions, not seeking reasonable medical treatment or refusing to comply with a medical exam.
If you are just applying for workers’ compensation benefits or have not started receiving them yet, follow all instructions to start your claim. Report your work injury on time, undergo a medical examination by an approved physician and adhere to any prescribed treatment.
Having someone to advise you and fight for your rights under this new law can help increase your chance for approval the first time around, allowing you to focus on healing from your injury.