Was in a single car accident while working and was taken to two hospitals, the second one did a "psych" evaluation because I lost consciousness during the wreck. If WV workers comp sees a positive test result for THC will they fully deny my claim? Do they have to send me to rehab? Just wondering if the psych evaluation will be included in medical reports sent to compensation. Should I get a lawyer?
I have practiced Workers Comp Law in Virginia for 35 years and I don't practice in your state; however, I can tell you if you test positive for marijuana, the insurer "can" use this as a defense to deny your WC Claim. The insurer can claim the use of marijuana "caused" your motor vehicle accident. If they deny the claim, they will probably not provide any medical care. You should talk to an experienced WV workers compensation lawyer as soon as possible.
This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.
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