Owings Mills, MD asked in Workers' Compensation for Virginia

Q: In Va, can you still win a woman's comp case if the tox screen shows that you had alcohol in your bloodstream?

However, you can absolutely prove that the accident you had was caused by another employee and no fault of yours?

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1 Lawyer Answer
Jerry Lutkenhaus
Jerry Lutkenhaus
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Richmond, VA
  • Licensed in Virginia

A: It depends. If the alcohol helped cause your accident, then the insurance company can try to deny your claim asserting your misconduct (drinking alcohol) caused the accident. You need to call an experienced workers compensation lawyer to discuss your case if you have a serious injury.

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