There are certain jobs that are too demanding and without much liberty to make decisions. This poses bigger risks of having a cardiac arrest than with people whose jobs are less exhausting. In case a loved one or yourself had suffered a heart attack on the job, you might be eligible to claim benefits. Our worker’s compensation attorneys can help.
Heart Attack as the Leading Killer in California
A heart attack is the number one killer in California. Most often than not, a worker previously had a cardiovascular condition. This foregoing ailment is a fundamental reason for death or injury. However, it doesn’t mean that the employee who suffered a heart attack on the job is no longer entitled to compensation.
According to the case law, the worker who had suffered a heart attack on the job can still have benefits. This is usually when the demanding work exacerbated the preexistent condition even of a robust employee. The same statute applies to the worker who died from the condition, whatever his work is. There should be evidence that the work triggered or caused injury or death.
There are certain factors that cause a heart attack on the job. This includes physical stress, exertion, strain, or mental stress. It can also be in the form of lasting stress such as a heated argument between or among employers and employees. The extent of actual stress or struggle doesn’t need to be consequential. There is pressure or strain on the specific worker and the evaluation analyses its effects.
Talking about compensation, apportionment refers to the percentage of disability that the work injury caused. This includes other factors such as a heart attack on the job as a preexistent condition. In case a worker’s compensation injury encompasses a preexisting heart condition, there will always be apportionment concerns.
In this case, the employer is responsible for the disability proportion due to the preexistent disease’s aggravation. This makes it considerably associated with the injury. There are cases where a work injury stirred up a preexisting condition. The employer needs to pay for the complete disability. No apportionment is generally given between work injury and the worsening of the preexisting heart condition.
Usually, this matter necessitates a medical expert’s opinion who practices cardiology. His findings will resolve the controversies of apportionment. The question is, what caused the heart attack on the job?
In case the heart attack on the job caused the worker’s death, his dependents become entitled to the compensation. When minors are left behind, it means considerable financial benefits for them until they turn 18 years old.
Recognizing Heart Attack on the Job As Probable Work-Related Injury
In California, having a heart attack on the job is considered a work-related injury. However, you must anticipate that the insurance company won’t acknowledge your claim that easily. In most cases, they will dismiss your claim.
Moreover, they will send you the exact “may perhaps” languid sent to other workers injured on the job. They understand that your work is draining, however, they will make you knock yourself out. At this point, you’ll require the help of a worker’s compensation attorney.
The insurance adjusters will possibly take your statement and ask questions regarding your medical background. You’ll be surely asked where you lived and where you got your medical treatment in the past. They would want to know as well what kind of medication you had previously.
Nonetheless, if it’s proven that your heart attack on the job is work-related, it entitles you to compensation. The overheads related to your recovery can be sizeable. It’s the insurance company’s responsibility to cover the costs. The amount will compensate for the medical treatment, cardiologist visits, and surgery (if necessary).
Reviewing and Justifying Your Claim
Heart attack cases possibly call for specialized medical professionals to connect these injuries straightly to worker’s jobs. You’ll need a worker’s compensation attorney to investigate and collect all supporting evidence. Facts are also crucial to help justify that your injuries were definitely linked to your employment. Cases such as heart attack on the job can be difficult to deal with employers and insurance companies. However, experienced attorneys can help you get the right compensation.
It’s no wonder that employers would want to keep the number of claims at a minimum. The same goes for the cost of claims to prevent the increase in insurance premiums. Insurance companies, on the other hand, want to maintain their high profit margins.
Worker’s Compensation Attorney to Help Claim What’s Rightfully Yours
At the Oktanyan Der-Grigorian Law Group Inc., you are assured that your benefits and compensation are secured. Our worker’s compensation attorneys will make sure that you’re equipped with the knowledge and representation needed for an informed decision.
Our personal injury attorneys are not only skilled but also proficient. Additionally, they have the necessary resources vital for representing a powerful case to companies, adjusters, and attorneys on your behalf. You can reach us at (818) 975-3080 and we’ll provide you with a free case evaluation. Call now and let us help you win the case.