Work-related heart attacks can result from significant physical exertion or mental and emotional stress. Although California is a no-fault state, injured employees must still prove the heart attack was at least partially caused by work. Injured workers with heart attack workers’ compensation claims in Torrance should consult an experienced attorney to ensure their rights to compensation are protected.
Receiving compensation does not require proof of negligence; however, it does need documentation such as the following:
While heart attacks are included as a body part on the workers’ compensation claim form, the process is not straightforward. Most insurance carriers will argue that the heart attack was caused by a pre-existing condition. Having a documented medical diagnosis can be the first step in receiving benefits.
Workers’ compensation guidelines do allow for partial coverage of a heart attack if work contributed to the medical emergency. For example, an employee may suffer a cardiac event after working long hours under extreme stress to meet a company-imposed deadline. Depending on the circumstances, work could be a substantial cause of a heart attack. A skilled workers’ comp lawyer in Torrance could help gather the necessary documentation to establish a work-related cause in a heart attack claim.
Insurance carriers scrutinize heart attack claims, looking for pre-existing conditions or employee behaviors that contributed to the heart attack. Documentation of long hours and high-pressure projects can support a work-related claim. Toxic work environments can create long-term stressors.
Insurers may minimize or deny claims due to family medical history, age, or risky behaviors such as smoking. Gathering work-related documentation can counter attempts to reduce compensation.
No matter the documentation, failing to file claims within the established deadlines can result in dismissal and loss of compensation. Although employees have up to 30 days to file a claim, they should report a cardiac incident to their supervisor or employer as soon as possible. They should then complete a DWC-1 form and return it to the company for processing.
Our lawyers in Torrance could help clients receive the workers’ compensation they deserve for a heart attack through the following services:
Most heart attack claims require detailed medical testimony and expert opinions. Insurance carriers use medical professionals to support their claims of pre-existing conditions. They may rely on experts to negate claims of a workplace heart attack. Knowledgeable lawyers have access to their medical experts, who can refute any insurance-provided evidence.
Our law firm understands what work-related documentation demonstrates work-induced stress. Our attorneys could help clients gather the evidence needed to counter insurer claims. They use their experience to pursue compensation even in partial heart attack claims.
Tracking medical expenses is equally important when trying to receive benefits. Lawyers could advise on the type of medical expenses covered under workers’ compensation. For example, hospital stays, emergency services, and diagnostic tests should be covered, as well as out-of-pocket expenses for in-home care or transportation costs.
Most heart attack victims require time away from work to heal and are entitled to compensation for lost wages. The degree of compensation depends on the injuries. The state sets the maximum amount at the start of each calendar year. Workers looking for wage recovery can receive up to two-thirds of their weekly wage not to exceed the state-mandated maximum. An attorney could advocate for the maximum allowable amount for their clients.
Anyone filing heart attack workers’ compensation claims in Torrance should seek legal counsel to protect their rights. Given the complexity and diversity of medical opinions, injured workers need access to qualified resources to help navigate the workers’ compensation claim. Contact Silberman & Lam, LLP for help addressing your heart attack status.
