California has some of the most generous laws governing benefits for workers who suffered a heart attack. Some states do not require insurers to pay for some illnesses or injuries, for instance, pre-existing conditions. California does require compensation based on the percentage of a heart attack aggravated by the job. If you are a police officer or firefighter, you may be able to collect full benefits.
You may have questions about seeking compensation if you recently suffered a heart attack at work or not. Our experienced workers’ compensation attorneys are here to assess your situation and assist you with heart attack workers’ compensation claims in Fresno.
Today, all employers in California must provide workers’ compensation insurance to full-time and part-time employees. Insurance carriers or self-insured employers pay out these claims. Filing for insurance benefits after a heart attack allows employees who are temporarily or permanently unable to work to receive immediate money to pay bills. In exchange, the employee does not file an injury claim against an employer.
An employee must submit specific paperwork and medical evidence when filing a claim. If medical reports show the employee had a pre-existing condition, which is a common occurrence with heart attacks, then proving that the job exacerbated the heart condition could be complex. Contact a knowledgeable attorney in Fresno for advice on filing a workers’ compensation claim after a heart attack.
Lamb v. Workmen’s Comp. Appeals Bd., 11 Cal. 3d 274 (Cal. 1974) sets a precedent for treating employees with pre-existing cardiovascular disease. Under the right circumstances, an individual who suffered a heart attack may be able to collect workers’ compensation benefits.
The pre-existing condition must worsen because of job stress or physical exertion in order to allow a worker to have grounds for a claim. After approximating what percentage of fault the job-related duties had on triggering the heart attack, insurers would pay out benefits according to that percentage. It does not matter if a healthy worker would not have suffered to the same degree as the worker with cardiovascular disease; benefits would still be available after a heart attack.
A skilled lawyer understands the rules they must follow in Fresno workers’ compensation cases where an employee’s heart attack is at least partly due to job stress or exertion.
In California, workers employed by the fire and police departments receive an added benefit if they file workers’ compensation claims after suffering heart attacks with pre-existing conditions. Usually, the law considers the circumstances of the heart attack fully related to job duties.
The Division of Workers’ Compensation (DWC) employs claims adjusters and qualified medical evaluators to process benefits claims. An adjuster studies medical records provided by an employee’s physician and determines a percentage of disability or denies a claim for various reasons.
A qualified medical evaluator becomes involved if an insurance carrier or employee disputes the findings. This evaluator is a specially trained physician who is impartial. They may reexamine an employee after studying medical records and then issue an opinion about how much job-related stress or exertion contributed to a heart attack. It is important to find someone who has extensive experience in handling workers’ compensation claims in Fresno, especially if an individual is fighting for benefits after a heart attack.
If you endured a heart attack from job-related duties and cannot work, temporarily or permanently, you may be eligible for disability benefits under California’s workers’ compensation laws. Even if you suffered the attack away from the job, contributing factors brought on by the work could qualify you for monetary support.
If you are unsure how to make a claim, our legal professionals could explain your rights. If an adjuster denied your claim or you believe workplace factors contributed more to your heart attack than the DWC determines, we could guide your next steps. Schedule your consultation today to discuss your heart attack workers’ compensation claim in Fresno.