Legal Question in Workers Comp in California

My husband (44 yrs old and a salesman at corporate company) collapsed at his desk and died(heart attack wit NO PRIOR indicators) at work suddenly december 8th 2010 It was his first day back from work after we returned form vacation lat the night before. I have a LOT of people pressuring me to file a workmans comp claim for this but I am unsure if this is appropriate and his employer is such a stand up guy that I am curious if he would suffer from a suit brought in this fashion> Hubby's job was stressful but I am not a sue happy person but need to know as the suddenness of his death makes life complicated

It is difficult to make all of the decisions while grieving so need some advice from the outside world

thanks


Asked on 1/16/11, 7:11 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Based upon the limited information you provide [what medically was the cause of the heart attack and what contributed to that cause, any family history of heart disease, high blood pressure, injury causing a clot, etc.] ilt does not seem that there is any connection between his employment and the MI. It would be difficult for even a very pro-applicant's physician to relate it to his work, but there are many Dr.s who might still say there was a connection. I believe that the insurance rate for the employe is based upon claims paid and not merely claims made, but you could call up the WC insurance carrier [or if you do not know which one it is you could call 2-3 at random] to see what effect a claim would have.

The decision as to whether to make a claim is a very personal one. Some people will sue for almost any reason. Most white collar employees do not make claims even when it appears they have a case for a non-trauma injury. You could speak to an applicant's attorney or two to see what they feel the likihood of a connection is.

I am sorry about your husband's death and the strain and loss it puts upon you.

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Answered on 1/21/11, 8:41 pm


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