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So, my car got pranged in a supermarket carpark, the other guy disappeared before I returned to the car.
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smithfamily363 | Can Workmens Compensation in Oregon drug test days after the accident happend? |
My husband got hurt on the job pretty bad, he smokes pot everyonce in a while. The accident was totally 100% someone elses fault, he would never be high on the job. But when he went to the hospital they never drug checked him. Now he has to have surgrey. Can workmens comp drug test him a week after it happened? or will he not get tested at all? I dont understand...can someone help me out in understanding this situation a little better??? Thank-you much :) |
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A decent answer
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Work Comp can't tell a person to take a drug test. The only person that can do a drug test is the company (insured). If your husband was hurt and tested positive for a substance than the work comp can be denied. If the company doesn't do drug tests but found out through the hospitals or doctors that the injured worker was high or drunk that is grounds for denial of a claim.
If you husbands company doesn't do drug testing after the injury at work than it's really don't ask don't tell policy. However if he did test positive after the surgery than the adjuster still can deny a claim based on that fact.
If I was you don't mention anything to the adjuster regarding drugs and all that. Also talk to your husband about quitting the weed. |
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Expert Realtor
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Yes they can and if he tests positive, it will be denied.
It has nothing to do with "being high" on the job, but more like you shouldn't be engaging in illegal substances and if he signed something before he started work that he is not to use illegal substances at all, then his claim will be denied.
When you are on workman's comp, you are still technically employed, that is why they can drug test you.
Tell your husband to seek counseling if he can't stop on his own. |
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Don Drapers woman
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Probably, but it had to have been done within 24 hours or so if the accident, otherwise the results would not have a direct contributing factor to the injury. However, in this day and age, your husband is really stupid to smoke pot. A lot of employers can and do random drug tests and he can lose his job. Pot can be in the blood system up to a month after smoking and it can be in your blood system if you close to a person who smokes it. He may already have been drug tested if he went to the emergency room right after his injury. However most hospitals are reluctant to release the results. Your husband, however can see his hospital medical records to see if he was drug tested. Bottom line, he needs to stop smoking pot. |
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Brooke
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I think that they can. But if they haven't already, I doubt that they will. Just remember that hair tests give a better time line than blood or urine so if he got high the day before the accident, you could have a fight on your hands. |
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mbrcatz
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Sure they can, but they aren't likely to. |
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