If you have suffered a stroke at work, whether it is covered by workers’ compensation is dependent on several things. Many attorneys will say there is a “gray area” as to whether workers’ compensation covers strokes or heart attacks that happen on the job. When you file a claim for a stroke, your employer’s insurer will carefully go over your medical records. You will have to show that your stroke was related to your working conditions. Examples of work-related contributors to a stroke include stress, extreme heat, or physical exertion. If medical evidence supports that your stroke was indeed work-related, your claim should be successful. You might be eligible for workers’ compensation benefits if your stroke happened while you were home, just so long as your medical evidence shows that it was the result of your work environment. What to Do If You Have a Stroke on the Job? If you suffered a stroke at work, you will need to seek immediate medical attention. This would mean getting someone to call 911 for an ambulance to take you to hospital. After you received medical attention make sure you document your injury with photos, talk with witnesses and file all the necessary paperwork. After your paperwork is in order, if you can prove that your stroke was work related, you can file a workers’ compensation claim against your employer. When you file a workers’ compensation claim for a stroke, your employer’s insurer will study your medical records carefully. You will need to prove that your stroke was linked to your working conditions. For example, if you have been exposed to extreme heat, stress or high levels of physical activity these may have caused your stroke. Even if your stroke took place while you were at home, if medical evidence can prove that your stroke was work-related your claim could be successful. Evidence to support that the stroke on the job was related to your work conditions needs to be supported by evidence such as: your doctor’s written medical report including estimated recovery time; video footage of the stroke taking place retrieved from surveillance cameras; receipts for medical treatment; proof of any out-of-pocket expenses, like taxi rides; photos taken at the site where the stroke took place, including the physical conditions present at the time of the stroke; medical treatment invoices yet to be paid; eyewitnesses’ written reports, stating when the stroke happened. Is a Stroke Covered Under Workers’ Compensation? The answer to the question, “Is a stroke covered under worker’s comp” depends on whether you can prove the medical condition developed because of workplace conditions. For example, if you work a job that triggers an incredible amount of stress, such as working as a nurse or law enforcement officer, you might be able to link a stroke with your stressful work environment. An inordinate amount of physical labor can produce stroke symptoms as well. Several research studies have linked a stroke with stressful and/or highly physical work conditions. As an insurance program that covers employees, workers’ compensation pays for a wide variety of expenses that are caused by workplace accidents. Incidents such as a slip and fall and sustaining serious burns caused by a chemical fire are just two examples of how workers’ compensation covers the expenses incurred because of a workplace incident that caused one or more injuries. Is a stroke covered under workers’ compensation? The answer is yes, if a worker can prove one or more workplace incidents caused A stroke can leave behind several serious symptoms, such as numbness or even paralysis of the face, arms, and legs. You might have difficulty speaking or understanding what other workers are saying. Some of the more severe symptoms of a stroke include blindness, difficulty walking, and pounding migraine headaches. If you suffered a stroke outside of work before suffering one in the workplace, you might not qualify for workers’ compensation benefits. Speaking with an employment attorney can help you determine whether you qualify for the financial assistance provided by workers’ compensation. Alleging You Were Predisposed To a Stroke If your medical records show that you were overweight, have hypertension, a pre-existing heart condition, or high cholesterol, your claim will most likely be denied and they will claim that you were predisposed to a stroke or heart attack. You and your attorney will have the burden of proof to show that your stroke resulted from your work conditions. The evidence that will be beneficial will include a medical opinion from a physician regarding what precipitated your condition. If the workers’ compensation physician does not support your claim, ask your workers’ compensation attorney about a second opinion. To improve your odds of a successful claim, file a claim with your employer regarding your stroke as soon as possible. While each state sets its own laws, usually you only have 30 days to file a claim with your employer. This way, your employer has been notified while you and your lawyer gather supporting evidence for your claim. Be Able to Prove That Your Stroke Was Work-Related If you had a stroke on the job, in order to get damages from a workers' compensation settlement, you need to prove that your stroke was work-related and not due to any preexisting conditions. Depending on what state the accident occurred in, you will also need to prove had not been for the job, the stroke would not have occurred. You could get a stroke on the job due to the high volume of stress that your job produces, a stroke on the job can also occur if there was a prior injury on the job that lead to that stroke. Your workers' compensation lawyer will work hard to help you present your evidence to prove that your stroke was work-related. How to File for Workers’ Compensation After a Stroke If you have experienced a stroke while at work the first thing you need to do is get to an emergency room for treatment. The earlier you get there the better. Don’t wait until the end of the day as this will give your employer’s workers’ compensation insurer an excuse not to accept your workers’ compensation claim. Your employer may require you to seek treatment from a physician or medical facility approved by its insurer. However, when it is an emergency situation like a stroke, you will benefit more if you get treatment from the closest medical provider than if you wait for a decision from your employer. The Steps to Take When Filing for Compensation After a Stroke The next step after treatment is filing an accident report with your employer. Some employers set deadlines for doing this which vary from 24 hours after the accident to 7 days or more. If you fail to file the report before the deadline you may find your employer’s workers’ compensation insurer may deny your claim. You can ask a work mate to report your injury on your behalf, but make sure s/he does it on the right form or in writing. Not all workers’ compensation claims are easy to settle, so hiring a workers’ comp. lawyer may put your mind at ease as you can expect a better outcome to your claim. Most don’t ask for upfront legal fees but you pay these when your WC claim has been settled and you are happy with the result. The next step is getting your hands on a workers’ comp. claim form. Your employer may have one, or failing that you, may need to seek one from your state’s workers’ compensation board. Once you have one you will need to fill in some key details on the form as follows: your full name; your job title; your employer’s name; the nature of your injury; where and when your injury took place; whether any fellow workers were involved in the accident. The next stage is gathering the required evidence to support your WC claim. Your attorney can help you with this. Insufficient evidence which fails to prove your stroke took place at work could result in your WC claim being denied. You will then have to face the prospect of filing an appeal. Evidence to Support a Claim for a Stroke The evidence required should include any or all of the following: photos taken at the site where the stroke took place, including your physical condition following the stroke; video footage retrieved from surveillance cameras; eye witnesses’ written reports, indicating where and when the stroke took place; your physician’s written medical report including a likely recovery time; receipts for medical treatment; unpaid invoices for medical treatment; proof of out-of-pocket expenses. Potential Settlement Amounts for a Stroke Settlements for a stroke are calculated in the same way as any injury. First of all the cost of past, present and future medical treatment is calculated. A calculation is then made for two thirds of lost weekly wages covering up to the time you are likely to return to work. The average stay in hospital for a stroke patient is between four and seven days. Survivors are typically transferred from an acute care facility to a skilled nursing facility, an inpatient rehabilitation facility or a long-term acute care hospital. The average WC settlement for a stroke is $24,000. What Can Speed Up or Slow Down a Settlement? There are many factors which can influence how short or long a workers’ comp. These could be: if the claimant hires a lawyer; if the claimant attempts to negotiate a more favorable settlement; if the insurance company raises a dispute over its claimant’s permanent disability. Permanent disability benefits often takeover much of the value of a settlement so it is important to dispute a settlement if it doesn’t seem to be fair. Some claims take several months to finally settle. Workers who have hired a lawyer tend to have prolonged workers’ compensation cases. On average, workers’ compensation cases were resolved in 17.9 months if the worker had the services of a WC lawyer, compared to 12.2 months for those workers who didn’t have a lawyer. Consult With a Workers’ Compensation Attorney If you have suffered a stroke because of your working conditions, you should consult with a workers’ compensation attorney who is licensed in your state. A lawyer can have a significant impact on the outcome of your case and will make sure you are treated fairly. An attorney can effectively and efficiently file your claim, handle any appeals, gather evidence and documentation and negotiate with your employer and their insurance company. Complete the Free Case Evaluation Form on this page today, so you can get your workers’ compensation claim for a stroke underway. Additional Resources My Employer Wants Me To Get Checked By A Doctor They Hired…Do I Need To Go? What Types of Injuries Does a Workers’ Compensation Claim Cover?
