Does Workers’ Comp In North Carolina Cover Heart Attacks?
Yes, workers’ comp in North Carolina can cover heart attacks suffered at work, but certain conditions need to be present. It’s not enough to suffer a cardiovascular event while you are working. Employees must also prove that their heart attack was work-related and caused by an unusual event at the workplace. This is sometimes easier said than done, which is why Ricci Law Firm Injury Lawyers is on top of it.
Our workers’ comp attorneys have helped workers throughout North Carolina receive benefits after suffering a heart attack, stroke, and other cardiovascular events on the job. If your workers’ compensation claim is denied, we can appeal the decision so you receive financial help to cover lost wages and aid in your long-term recovery.
Below, we’ll offer some examples of when heart attacks are covered by workers’ comp in the Tar Heel State and when they are not. We’ll also discuss what to do if you or a co-worker suffers a heart attack at work as well as other pertinent matters related to seeking benefits. For more information about workers’ comp, contact our North Carolina law offices.
When Is a Heart Attack Covered by Workers’ Compensation?
Broadly speaking, a heart attack is covered by workers’ compensation if:
- The heart attack was caused by a workplace accident or an unusual work-related incident
- The heart attack arose during the course of the worker’s employment (i.e., during work hours, at the workplace, or doing job-related duties)
- A doctor states that the heart attack was caused by a work-related event, or a work-related event aggravated an existing health problem that resulted in a heart attack
The points above cover a wide range of scenarios, so it may be helpful to provide some examples of compensable heart attacks suffered on the job.
Examples of Compensable Heart Attacks Related to Work
Below are a few examples of compensable heart attacks experienced during work or as a result of events at work.
- Scenario 1: Overexertion at Work – Say that you work in a warehouse setting and usually have light duties. A last-minute order comes in requiring you to do far more heavy lifting than usual. The overexertion is so pronounced that it contributes to a heart attack while on the job.
- Scenario 2: Prolonged Workplace Stress – Say that you have to travel for your job. Your employer gives you a physically demanding travel schedule with tight deadlines. While constantly traveling for work and staying up late to meet deadlines, you wind up suffering a heart attack due to excessive stress.
- Scenario 3: Severe Working Conditions – Say that it’s a very hot and humid day at a construction site. The severe heat and long work hours lead to exhaustion, but you push through and continue to work. Hard work in the extreme heat and humidity triggers a heart attack while you’re on the job.
- Scenario 4: Exposure to a Harmful Substance – Say that you work at a company where you are frequently exposed to toxic or harmful gases or chemicals. If these substances affect cardiovascular health, your regular job duties may have increased your risk of suffering a heart attack.
- Scenario 5: Irregular Hours or Shift Schedule – Say that your hours keep changing, forcing you to work overnight some weeks and regular office hours the next week. This harms your sleep schedule. The effects on your body’s circadian rhythm could increase the risk of a heart attack.
These are just a few situations in which you may receive workers’ comp if you suffer a heart attack at work. Benefits are not guaranteed, however, which is why consulting a North Carolina workers’ compensation attorney is crucial after any cardiovascular event on the job.
When Is a Heart Attack NOT Covered by Workers’ Compensation?
A heart attack would not be covered by workers’ compensation if it occurred outside of work or if the heart attack was caused by other factors not related to work.
Remember: just because you suffered a heart attack while you were working does not entitle you to workers’ comp benefits. Certain criteria need to be met.
Examples of Non-Compensable Heart Attacks
Below are a few examples of non-compensable heart attacks experienced by workers.
- Scenario 1: Regular Workplace Duties – Say that you work in a white collar office job and are having a normal day at work. If you suffer a heart attack on the job, you are likely ineligible for workers’ comp benefits. This is because there was no workplace accident, overexertion, or exposure that caused the heart attack.
- Scenario 2: Heart Attack Outside Work Hours – Say that you work in an industrial job and suffer a heart attack while driving to work. You are unlikely to receive workers’ comp benefits since you were not at work at the time, and there was no work-related cause of the heart attack.
- Scenario 3: Ongoing Health Issues Unrelated to Work – Say that you have struggled with high blood pressure for several years and then suffer a heart attack at work during an average day. You probably won’t receive workers’ comp benefits since you have long-term health issues independent of work that caused the heart attack.
There are always exceptions to consider. Sometimes work conditions did contribute to poor cardiovascular health and other medical issues, but that is not immediately clear. Again, this is why it’s so important to discuss what happened to you with an experienced workers’ compensation attorney in North Carolina.
What Should I Do If I Experience a Heart Attack at Work (or a Co-Worker Does)?
It’s important to consider the warning signs of a heart attack so you can be ready to respond when one is about to occur. The common warning signs of a heart attack include:
- Shortness of breath
- Nausea, vomiting, and lightheadedness
- Discomfort in the arm(s), back, neck, jaw, or stomach
- Pressure or pain in the chest
If you suspect that you are about to suffer a heart attack:
- Safely step away from your work duties
- Call 911
- Alert any nearby co-workers so they can help as needed
- Take an aspirin if you are not allergic
If a co-worker experiences a heart attack at work, make sure to call 911 if no one else has done so. Alert the supervisor or manager on duty about what is happening. If your co-worker falls unconscious after suffering a heart attack, you can administer CPR if you have been trained to do so.
How Long Do I Have to File a Workers’ Compensation Claim After a Heart Attack?
There are two important deadlines when filing workers’ compensation claims in North Carolina:
- You need to report the heart attack to your employer in writing within 30 days of the incident
- You need to file a workers’ compensation claim within two years of the work-related heart attack
If you fail to meet those two deadlines, you will not be able to receive workers’ compensation benefits.
It’s Best to Apply for Workers’ Comp Benefits ASAP
Rather than wait to file a claim, it’s best to seek workers’ comp benefits as soon as you are well enough to do so. This will help ensure you receive financial help for medical treatments, lost wages, and possibly even lost future earnings if your cardiovascular event causes a disability.
Why Was My Heart Attack Workers’ Compensation Claim Denied?
A fair number of people who suffer a heart attack at work are denied workers’ comp benefits even though they should qualify for coverage. Some possible reasons a workers’ comp claim gets denied include:
- The worker didn’t report the heart attack to their workplace within 30 days
- The worker missed the two-year deadline to file for workers’ compensation benefits
- There were mistakes in the submitted workers’ compensation form
- The doctor didn’t find evidence that a workplace event caused or contributed to the heart attack
If you wonder what to do when your workers’ comp claim is denied, Ricci Law Firm Injury Lawyers can help. We’re on top of it.
Our workers’ compensation attorneys will review what happened and let you know what steps to take next. To request a consultation, contact our law offices in North Carolina.
Can I Appeal a Denied Workers’ Comp Claim for a Heart Attack?
Yes. Many workers whose initial claim was denied were able to receive workers’ compensation benefits through the appeals process.
Working with an attorney to appeal a denied claim is extremely helpful. One of our North Carolina workers’ comp lawyers can present evidence in a compelling way that demonstrates how the heart attack was work-related and how the cardiovascular event has affected your life.
What to Expect from the Appeal Process
Many denied claims will first go into mediation, which involves a negotiation with the insurance company. If issues are resolved in mediation, the workers’ comp claim is approved.
If mediation is not successful, the denied workers’ comp claim then goes to a hearing before a Deputy Commissioner of the North Carolina Industrial Commission. Upon hearing evidence, the Deputy Commissioner will determine if your claim should be approved.
If the hearing with the Deputy Commissioner is not successful, you can then appeal that decision before three Full Commissioners with the North Carolina Industrial Commission. Just two of the three Full Commissioners are needed to approve your claim.
If the hearing with the Full Commission is not successful, you can continue to appeal all the way to the state Supreme Court.
How Long Will It Take to Get Workers’ Comp for My Heart Attack?
That depends. If you file for workers’ comp as soon as possible and your claim is approved without incident, you can start receiving some benefit payments shortly after approval.
If your workers’ comp claim is denied, it can take weeks, months, or even years to see any benefit payments. Delays like these can leave you in a very difficult financial situation, particularly if the heart attack has caused a long-term or permanent disability.
Can I File a Third-Party Claim for a Heart Attack at the Workplace?
Potentially yes, though that depends on the nature of the incident that caused or contributed to your heart attack. Filing a lawsuit against a third party means seeking legal damages in addition to your workers’ compensation benefits.
This additional compensation can help address all of the financial setbacks caused by your heart attack.
Do I Need a Workers’ Comp Lawyer If I Suffered a Heart Attack?
It is in your best interests to hire a North Carolina workers’ comp lawyer after suffering an on-the-job heart attack. You can avoid many setbacks and headaches if you hire someone who knows what they’re doing and who will look out for your needs.
Your workers’ comp attorney will make sure you fill out paperwork properly and on time, with all of the necessary supporting documentation for your claim. If your claim is denied, your workers’ compensation lawyer will help with appealing that decision, presenting the strengths of your case to the insurance company or the members of the North Carolina Industrial Commission.
Get peace of mind while recovering from a work-related heart attack. Hire a workers’ comp attorney from Ricci Law Firm Injury Lawyers.
Why Choose Ricci Law Firm Injury Lawyers for Workers’ Comp Issues?
The team at Ricci Law Firm Injury Lawyers has over 150 years of combined experience in accident lawsuits and workers’ compensation claims. We will carefully review the circumstances of your heart attack and all available evidence to assist with your case. We will also be the point of contact with the insurance company. That will take pressure off you so you can focus on recovering and planning for the future.
In assessing your workers’ compensation claim, our attorneys can also determine if you’re able to file a third-party claim against a negligent party who contributed to your heart attack on the job. This means the potential for additional compensation to address the realities of your cardiovascular health.
Every step of the way, we’ll be able to provide detailed answers to all of your questions about workers’ compensation laws and how the claims and appeals processes work. When it comes to workers’ compensation cases in North Carolina, our law firm is on top of it so our clients don’t have to be.
How Can I Learn More About My Options After a Work-Related Heart Attack?
If you suffered a heart attack, stroke, or any kind of cardiovascular event at work, you need the team at Ricci Law Firm Injury Lawyers on your side. We’re ready to help you receive the benefits you deserve so you can heal and have peace of mind. To request a consultation with our workers’ compensation attorneys, contact our North Carolina law offices.