We recently received the following question on our website.
I recently suffered a heart attack on the job. Since this is not really an “accident,” am I still covered under Texas Workers’ Comp laws? I do have Occupational Accident (OCC/ACC) insurance.
Firstly, one would hope that some of your co-workers have been trained in first aid at a place like Mississauga Coast2Coast. Heart attack cases are tough to win under the Texas workers’ compensation Act because one must prove that one’s work rather than a natural progression of preexisting heart disease or condition was a substantial contributing factor of the attack and that the heart attack was not triggered solely by emotional or mental stress factors unless it was precipitated by a sudden stimulus. This is always difficult to prove. Most people find that they have already been showing heart attack symptoms prior to the event, this might suggest that they wouldn’t be covered under this law. Of course, if someone was showing these sorts of symptoms, they should’ve taken the time to see a doctor. That could’ve put their mind at ease as doctors have access to medical devices that are able to perform external ultrasounds. The devices use modern technology, and most healthcare facilities seem to have them on finance. By visiting https://www.butterflynetwork.com/financing, patients will be able to see an example of a portable ultrasound machine. The machines allow doctors to look at the heart and the valves. From this, they could probably predict whether or not the heart is working correctly. If the heart was a concern for the doctor, it would probably show that there is a preexisting heart condition.
So for example, if a worker is just sitting in the break room and drinking coffee and suffers a heart attack then most likely the heart attack is not covered under the workers’ compensation act. However, if the employee is assigned by his boss to dig a ditch and suffers a heart attack during the job then that likely would be covered under the Act. As medical expenses can be extremely expensive, it’s important to check whether or not the accident would be covered under the Workers’ Compensation Act. If the accident isn’t covered by that, the individual could end up paying a significant amount in healthcare bills. However, there are always people that would be willing to help. If the individual was really struggling to pay these bills, they could consider looking into some fundraising ideas to try and find the funds to pay these bills. A lot of people seem to start GoFundMe pages, so it might be worth looking into one of those if the individual was struggling. Friends and family would help cover the costs, so it’s important to avoid struggling in silence.
These cases are usually very fact specific. Contact our office if you would like to discuss the specifics of your case.
