Pursuing Workers' Compensation for a Heart Attack at Work

Work-related heart attack? Learn how our New York attorneys can help you get compensated while you recover

Workers' compensation in New York provides a safety net for employees who suffer injuries or illnesses on the job. While many people associate workers' compensation with workplace accidents or injuries, it also covers certain medical conditions that develop over time or as a result of work-related stress. A heart attack at work falls into this category.

Heart attacks can have devastating consequences, both physically and financially. When a heart attack occurs due to work-related factors, it's important to know your rights and the steps you need to take to secure the benefits you deserve.

Here's how to file a workers' compensation claim for a heart attack in New York, how to prove your case, and what benefits you may be entitled to receive.

Who qualifies for workers' compensation for a heart attack at work?

You must meet certain criteria to qualify for workers' compensation benefits for a heart attack in New York. First and foremost, your heart attack must be work-related. This means that your job duties or work environment must have contributed to or caused your heart attack.

Some examples of how a heart attack at work can occur include:

Physical exertion: If your job involves heavy lifting, strenuous activity, or other physically demanding tasks, it may increase your risk of a heart attack.
Emotional stress: High-stress work environments or particularly stressful incidents at work can contribute to heart attacks.
Environmental factors: Exposure to extreme temperatures, toxic substances, or other hazardous conditions at work may increase your risk.
Long working hours: Consistently working long shifts or overtime can put additional stress on your heart.

It's important to note that pre-existing heart conditions don't automatically disqualify you from receiving workers' compensation benefits. If your work activities aggravated or accelerated an existing heart condition, you may still be eligible for benefits. That's why it's so important to consult with an experienced workers' comp lawyer who can review the details of your case and explain your potential legal options.

How do I prove my heart attack was work-related?

Proving that your heart attack was work-related is a key step in securing workers' compensation benefits. To establish causation, you'll need to show that your work was a significant contributing factor to your heart attack. This doesn't mean that work had to be the sole cause, but it must have played a substantial role in bringing about the heart attack.

Here are some types of evidence that can strengthen your claim:

Medical documentation: A medical diagnosis, emergency room reports, hospital records, and follow-up care notes can help strengthen your claim.
Witness statements: Coworkers who witnessed the events leading up to your heart attack can attest to the stressful nature of your work environment.
Employment records: Documentation of your job duties, work schedule, and any recent changes in your workload or responsibilities can help establish the connection between your work and your heart attack.
Expert testimony: In some cases, you may need to obtain expert testimony from a cardiologist or occupational health specialist who can explain how your work contributed to your heart attack.
Personal documentation: Keep a journal of your work activities, stress levels, and any symptoms you experienced leading up to the heart attack.

What steps should I take to file a claim in New York?

If you've suffered a heart attack while on the job, you may be eligible to file a workers' compensation claim. Here are the steps you should take:

Seek immediate medical attention: Your health and safety should be your top priority. Seek emergency medical care as soon as you experience symptoms of a heart attack. Also, let your doctor know that your heart attack may be work-related.
Notify your employer: Inform your employer about your heart attack as soon as possible. In New York, you have 30 days from the date of the incident to provide written notice to your employer.
Apply for workers' comp benefits: You must file a claim with the New York State Workers' Compensation Board within two years of the date of your heart attack. The claim should be filed using Form C-3, "Employee's Claim for Compensation."
Gather documentation: Collect all relevant medical and employment records and other evidence supporting your claim.

Filing a workers' compensation claim in New York can be a complicated process that requires meticulous attention to detail. To ensure an error-free process, get help from an experienced attorney at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP. We can help you fill out Form C-3 and handle the paperwork for you.

What benefits can I get for a heart attack at work?

If your workers' compensation claim for a heart attack is approved, you may be eligible for several types of benefits:

Medical treatment coverage

Workers' compensation will cover all necessary medical treatment related to your heart attack, including hospital stays, surgeries, medications, and rehabilitation. This coverage extends to follow-up appointments, cardiac rehabilitation programs, and any medical devices you may need, such as a pacemaker.

Wage replacement benefits

If you're unable to work due to your heart attack, you may receive a portion of your lost wages. In New York, this is typically two-thirds of your average weekly wage, up to a maximum amount set by law. These benefits begin after a short waiting period (usually seven days) and can continue for the duration of your disability or until you reach maximum medical improvement.

Disability benefits

Depending on the severity of your condition, you may be eligible for temporary or permanent disability benefits:

Temporary total disability: If you're completely unable to work for a period of time, you'll receive benefits until you can return to work.
Temporary partial disability: If you can work in a limited capacity, you may receive partial benefits to supplement your reduced earnings.
Permanent partial disability: If your heart attack results in permanent limitations, you may receive long-term benefits based on the extent of your disability.
Permanent total disability: In severe cases where you're permanently unable to work, you may be eligible for lifetime benefits.

Vocational rehabilitation

If you're unable to return to your previous job, you may be eligible for vocational rehabilitation services to help you transition to a new line of work. These services can include job training, career counseling, and assistance with job placement.

Vocational rehabilitation helps you regain your earning capacity and find suitable employment that accommodates any lasting limitations from your heart attack.

Our New York attorneys can help you get the benefits you deserve

If you've suffered a heart attack that you believe is work-related, the experienced attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP are here to help you every step of the way. We understand the physical, emotional, and financial toll a work-related heart attack can take on you and your family.

Let us help you with every aspect of your workers' comp claim and fight for the benefits you deserve. Contact us online or call one of our law offices in NYC or New York State for a free consultation. We'll review your case, explain your rights, and help you build a strong claim to secure the compensation you need to recover and move forward.

"The team at Pasternack Tilker Zeigler Walsh Stanton and Romano showed me respect and patience and worked hard till we received the appropriate winning decision." – Paul G.

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