Magic Mushrooms Covered by Workers’ Comp?

The Journal of the American Medical Association recently published a report sharing the results of a study alleging that psilocybin (or so-called magic mushrooms) could be an effective treatment against major depressive disorder.  Although illegal in most states, Colorado and Oregon recently passed measures allowing regulated use of magic mushrooms.  Other states have attempted to pass similar measures (including Virginia) but were ultimately rejected by the state’s legislatures.

Many injured workers suffer from debilitating pain and resulting depression related to their injuries.  If the treating physician agrees that the patient/injured worker suffers from work-related depression, and is allowed to proscribe psilocybin, the workers’ comp insurance carrier could likely be compelled to pay for the prescription.  In Virginia, this is currently not permitted, however.  This could change as further studies are conducted and the public safety concerns are adequately addressed.  If it is determined to be a safe, effective, and affordable way to treat depression (or other disorders), insurance carriers would likely be supportive of paying for this type of treatment.  The carrier’s main goal is to save money.  Effective, affordable treatments save them money.

So, for now, in Virginia, it is not going to be covered by the workers’ comp insurance carrier.  Then again, it wasn’t long ago that workers in Virginia would not have been able to get a prescription for medical marijuana.  That changed rapidly and recently.  The same could happen with magic mushrooms.  Stay tuned…..

That’s all for now.


The statements contained herein are for general information purposes only and are not considered specific legal advice to your situation as Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult directly with an attorney for legal advice.

To learn more about the Law Office of Darren Shoen, or to speak with a lawyer, visit their website at


Free Workers' Compensation Case Evaluations

Contact Us

Hello, my name is


I am interested in having a free workers' compensation case evaluation. Please contact me at: