California Workers’ Comp for Heart Attacks on the Job
Workers’ comp is designed to provide benefits for employees who are either injured or who become sick on the job. The workers’ compensation program is considered to be “no fault,” which means there is no need to prove negligence or assign blame when an accident or injury occurs. Some claims are fairly routine, such as injuries caused by a repetitive physical motion, a fall, or an industrial accident. Other injuries, including heart attacks, are much more difficult to prove.
In the past, a worker was required to show that a work-related heart attack was the direct result of significant physical exertion required by the job. That, however, is no longer the case. A heart attack brought on by job-related mental and/or emotional stress, or even by the sudden stress of receiving news such as a poor review can qualify under workers’ compensation guidelines.
California Workers’ Comp Law on Heart Attacks
In California, when a heart attack occurs following a stressful situation or interaction at work, it can qualify as a work-related injury. In fact, the workers’ compensation claim form actually lists heart attacks as one of its “body parts code” numbers. However, if the work-related stress is determined to have aggravated a pre-existing condition, the amount of compensation will be limited to what can reasonably be attributed to the working environment.
In order to pursue a claim for a work-related heart attack, the worker would need to provide proof that the heart attack occurred, and additionally, that it occurred in relation to and during the course of their work. In other words, in order to be eligible for workers’ compensation benefits, the employee would need to provide a medical opinion stating that the heart attack was at least partly the result of physical, mental or emotional work-related stress.
It is important to note that under California law, for a heart attack to qualify for workers compensation benefits, the work-related stress need not be the sole cause of the injury. It only needs to be a “substantial contributing cause”.
Workers’ Comp Attorneys Help Get Compensation for Heart Attack
Anyone suffering a heart attack is faced with staggering medical bills and the loss of wages necessitated by their treatment, recovery and rehabilitation. Under the worst circumstances, their heart attack may result in death, leaving their family without their companionship and financial support.
If the heart attack can be attributed even in part to job-related stress or the like, the worker or her/his family should be entitled to workers’ compensation benefits. If you have suffered a heart attack in the workplace, our experienced workers’ compensation attorneys have the knowledge and skill that you need to meet the challenges ahead of you, and to help you obtain the benefits to which you are entitled.
Long Beach Workers Compensation Lawyers
If you were injured or made ill in the workplace, we recommend that you speak with an experienced workers comp lawyer immediately. Even if you are currently receiving workers comp benefits, it is a good idea to get some legal advice to protect your rights going into the future.
An experienced workers compensation lawyer can help you identify minor issues before they become major problems – and make sure that you not only receive your benefits now, but for years to come.
Your consultation with our workers’ comp lawyers is 100% confidential, and neither your employer nor your insurance company will be notified that you requested a consultation with us. Our lawyers will help you understand your rights and work tirelessly to ensure that you receive the maximum workers’ comp benefits for which you qualify.
Call our Workers Compensation lawyers for a FREE CONSULTATION: 800-964-8047