ATTORNEY IN OAKLAND
PUT OUR SUPER LAWYERS (TOP 2.5% IN NORTHERN CA) IN YOUR CORNER
Not many injured workers are aware that heart attacks or hypertension can be work related. The stress of the job can sometimes trigger cardiac issues even when an employee of a company has preexisting conditions that are not necessarily work related. Heart-related injuries can be triggered by many potential events at work.
Insurance companies will often point out that the injured worker who suffered a heart attack has a preexisting condition such as hereditary high blood pressure, high cholesterol. If the injured worker smoked in their life, the insurance carriers will make it a point to identify that factor as the cause of the heart attack. Just remember, even if you have non work-related factors contributing to your heart disease, does not mean that you are entitled to workers’ compensation benefits. If work made your illness worse or helped the injury develop sooner, you may be entitled to benefits under California law.
FACTORS FOR A HEART ATTACK ON THE JOB
There are many factors at play when it comes to work related hear injuries. We typically ask our clients if they have a mentally stressful job. Police offices, security guards, and even construction workers can sometimes have jobs that cause harm to their cardiovascular system. Never-ending deadlines, along with piles and piles of work can significantly increase stress levels such that they create a compensable work injury. Sometimes, a manager can yell at their employees and create a negative environment and there are many cases where the pressures of work create work related heart injuries.
Sometimes, the physical labor can trigger a heart attack. For example, roofers who climb ladders day in and day out while also performing heavy labor can suffer heart attacks due to the physical exertion necessary to complete the job. Again, these may be work related injuries that would entitle an injured employee to worker’s compensation benefits under California law.
HOW DO OUR WORKERS COMP LAWYERS PROVE THAT A HEART ATTACK IS WORK-RELATED?
In order for a heart attack to be a compensable injury, a doctor has to determine that the heart attack arose out of and in the course of employment. This is commonly referred to as “AOE/COE”. In order to prove that the injured worker is entitled to some sort of compensation, a doctor would have to opine that the work-related activity by either stress or physical exertion was sufficiently linked to work such that work was a “substantial contributing cause”.
Proving a heart injury is work-related is not an easy task. A person who believes that they may have a work related heart attack should speak to an attorney in order to ensure that their rights are protected. The carriers have many defenses and a skilled attorney that will help you navigate the Worker’s Compensation system will be essential in the success of your claim.
We want to help you get all the benefits you deserve – call (510) 257-4141 for a free consultation. We serve Oakland and all the Bay Area.