Legal Question in Workers Comp in Virginia

I have a work related injury and am currently receiving a workers comp check I am scheduled for surgery in two weeks if I have thc in my system will the doctor tell the insurance company and will that cause me to loose my benefits from workers comp

Asked on 8/09/11, 12:53 am

3 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

The surgeon assigned to your case is unlikely to violate the patient-doctor confidentiality pact by revealing your THC contamination (should it even come to his attention) to either the insurance carrier or anyone else for that matter.

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Answered on 8/09/11, 5:48 am
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

I am a Richmond, Virginia Workers Compensation Attorney. If the thc in your system prevents your medical care or if it causes you to be disabled, it would be a concern. You did not indicate if you already have a Virginia Workers Compensation Award. If you do not know if you have an Award, then you should contact the Virginia Workers Compensation Commission and inquire. You would be in a much better position if you have an Award. Marijuana can stay in your system for 45 days after use; however, I don't think it should prevent your surgery. If you have an Award, then it would be tool late for the insurer to go back and claim the marijuana caused your accident. You can contact me through my website if you need further legal advice at

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Answered on 8/09/11, 5:53 am
Peter M. Sweeny, Esq. Author:Virginia Workers' Compensation Case Finder

The presence of THC in your system is not, in and of itself, a reason to deny you workers' compensation unless it has some provable impact upon how you got injured. The physician is unlikely to report its presence to the insurance company but the insurance company will be reviewing copies of the medical records. (There is no physician-patient privilege in Virginia workers' compensation cases.) Although you are receiving compensation checks, that does not mean you have the legal protection of the Virginia Workers' Compensation Act. You need to determine if you are under an Award to receive these benefits. It makes a big difference in what the insurance company can do.

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Answered on 8/09/11, 6:35 am

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