Legal Question in Workers Comp in New York
when is someone ''working''
A construction worker friend of mine was out of town working for a the week. The company he worked for is based in NY State, he was in Connecticut. During the day he had bad (what he thought was) heartburn. He died of a heart attack at the hotel that night. I was told that it's possible that seeing he was out of town, he was technically ''working'' regardless if he was actually at the jobsite or not. His symptoms started on the site, and there is a witness to that. His wife/daughter are going to lose their home. Is there a workers' compensation case here? Thank you.
2 Answers from Attorneys
Re: when is someone ''working''
I believe that there may be a workers comp case. However, it is a very difficult one. WE will need a detailed history of the person jog duties and need to link some type of stress that may have brought about the heart attack. We would also need a prima facia medical report supporting the claim. It is not and easy case and will take some time to work it out. IT could be years before benefits are ever paid out. If estatblished, the widow is entitle to benefits for life unless she remarries.
Please feel free to call me in my office tomorrow. My direct number is 631
361
7979.
Good Luck, Frank Cetero.
Re: when is someone ''working''
there may be a workers comp case, i have someone in my office that specializes in these cases, and there would be no out of pocket fee... contact us at 212.709.8303
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