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A workplace accident resulting in injury is usually covered by workers’ compensation insurance, with very few exceptions. So, yes, heart attacks are normally covered by state workers’ compensation laws. Unless the injuries were self-inflicted, or the employee was under the influence of alcohol or drugs at the time of the injury, the employer’s workers’ compensation insurance should provide medical care and compensation for lost wages to the injured employee, along with other possible benefits.
However, with work-related illnesses such as heart attacks, the situation is not quite so cut-and-dried and may leave you to wonder, “Does a heart attack qualify for workers’ comp?”
Work-Related Illnesses and Workers’ Comp: Is a Heart Attack Covered by Workers’ Compensation?
According to the California Division of Occupational Safety and Health (Cal/OSHA), an injury or illness is considered work-related if exposure or an event in the work environment caused a condition or contributed to it, or aggravated a pre-existing condition significantly. Cal/OSHA classifies qualifying illnesses as:
- Skin diseases or disorders
- Respiratory conditions
- Hearing loss
- All other occupational illnesses
A California Commission on Health and Safety and Workers’ Compensation background paper states that California’s workers’ compensation costs are higher than in other states in part because many injuries are compensable in California that are not in other states. The basic statutory requirement is that an injury must arise out of and in the course of employment to be compensable.
However, for an injury such as a heart attack at work, the worker’s employment or work-related stress does not need to be the sole cause of the injury – only a substantial contributing cause — and all that is needed is proof of a reasonable probability that it had a part in the injury. The document cover sheet for California workers’ comp claims attaches a body part code list which contains a code, number 802, for heart attacks.
Under state workers’ compensation law, when injury or disease aggravates a pre-existing condition, compensation is limited to the portion of disability reasonably attributed to work-related factors. The particular circumstances of your specific case will determine what workers’ compensation benefits are available to you.
Workers’ Comp Injuries and Heart Attack Compensation
There are two types of workers’ compensation injuries.
- Specific injuries resulting from traumatic incidents or exposure to toxic substances over a short period of time, such as construction accidents.
- Cumulative injuries, which are physical or psychological disabilities caused by repetitive work-related injuries.
A certain type of cumulative injury can cause heart disease, stroke, digestive problems, hypertension and other diseases through emotional stress and tension in the workplace, as opposed to physical work. Although American medicine has been slow to acknowledge the effects of the mind on the body, these types of stress-related injuries are now being recognized by the courts as covered by workers’ comp insurance, which includes heart attack compensation.
An employee who has a heart attack at work and can show that the cause was work-related may be eligible for workers’ compensation benefits, which may include:
- All necessary and reasonable medical care
- Temporary disability benefits, generally calculated at 2/3 the employee’s gross wages
- Permanent disability benefits, if the employee is unable to return to work
- Vocational rehabilitation training
- Death benefits for dependents if the employee did not survive the heart attack
Work With an Experienced Personal Injury Attorney to Receive Work-Related Heart Attack Compensation
The purpose of workers’ compensation insurance is to provide immediate relief to injured workers without the necessity of filing a personal injury claim against the employer. Workers who have suffered heart attacks may be eligible for that relief if it can be shown that the injury was caused by work-related factors. If you find you need to speak with an attorney about your work-related heart attack compensation, Avrek Law Firm is here to help! Our legal team has an impeccable track record in the states of California, Arizona, and Nevada, with more than $1,000,000,000 recovered for clients, so whether you need a Los Angeles, Las Vegas or Phoenix heart attack attorney, we’ve got you covered. Contact us or fill out a form for a free consultation – we’re here to help!