Legal Question in Employment Law in Michigan
Refusal to let me leave when having a heart attack
About 2 1/2 years ago while at work I started to get a tightness in my chest, I got very clamy, had the chills, had pain in my neck and shoulders and was very sick to my stomach, which I now know were all signs of a heart attack. When I asked my supervisor if I could leave to go to my doctor I was told ''no'' that there were too many members to service waiting. Shortly after that I had some test ran and it appeared that I did have a heart attack and they asked me if I knew when, it then hit me that it was that day, especially after the doctor explained all the symptoms that women get. Quite a few people at work had witnessed the episode and one offered me her blazer because I was cold and shakey. I know am on long term dissability, I am very angry every time I think of how I am stuck not being able to work, which I did enjoy, just because of one person. If I had gone to the doctor they would have recognized the symptoms and possibly be able to put a stent in my artery. But instead it blocked a 100% and now at best I would need open heart surgery. I am so angry everytime I think of it and just wonder if there is any recourse that I may have.
1 Answer from Attorneys
Re: Refusal to let me leave when having a heart attack
You may be able to prove a work-related acceleration and aggravation of your condition because of your supervisor's refusal to allow you to see your doctor. This would entitle you to Worker's Compensation as explained in the following excerpt from a Michigan court decision:
"While a heart attack may be inevitable in the sense that the victim will some day have a heart attack, such a statement begs the question whether job stress caused the attack to occur when it did or aggravated the attack and the extent of damage. Although workers' compensation is not payable for the ordinary diseases and infirmities of life, it is payable for work-related acceleration and aggravation of such diseases and infirmities."
Consult a Worker's Compensation Attorney to determine your rights.
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