Lawyer explains how a heart attack at work in Michigan might qualify you for workers’ comp benefits like medical treatment and wage loss benefits.
We recently had a man contact our workers’ comp law firm regarding a heart attack at work in Michigan. The insurance company denied his claim and he was concerned about supporting his family. He did not have health insurance so medical bills stacked up and he was unable to perform the requirements of his job. It was a terrible story that we heard often from other callers. Here is some of the advice we gave him. Please remember that every situation is different, so it is best to speak with a lawyer about your own individual case.
A heart attack at work is a tough workers’ comp case in Michigan. An employee must show that his or her job contributed to the heart attack in a significant manner. The Michigan Supreme Court has called for a weighing of job and life factors to determine if the attack is connected to employment activities. Some factors that a magistrate may consider include age, weight, diet, previous heart conditions, and use of drugs or alcohol.
To get workers’ comp benefits the employee who has a heart attack at work in Michigan must prove that it was caused or significantly accelerated by employment activities. This is a difficult burden of proof if an employee has a history of heart disease or other risk factors. Magistrates typically look at what type of activities the employee was engaged in at the time he or she suffered a heart attack. For example, someone who is lifting a heavy item at the time he or she suffered a heart attack has a good chance of making the connection. These are fact specific to these types of cases so make sure to speak with a lawyer if your claim is denied.
Cases involving heart attacks cause lots of controversy because it is difficult to pinpoint the exact cause. This is especially true for individuals with preexisting heart conditions or other life factors. An employee must show that his or her job caused or made significantly worse a preexisting heart condition. This is true even if the employee did not know he or she had a preexisting condition. Insurance companies use the independent medical examination (IME) to say the heart attack is not employment related. The insurance company does not want to pay expensive medical bills or wage loss benefits.
To get workers’ comp benefits an employee who has a heart attack at work in Michigan will need to get testimony from his or her cardiologist or another medical expert to show job activities were the cause. An experienced lawyer can help by reviewing your medical evidence and put the case together.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled employees exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.