![]() |
|
|||||||
| Injury & Worker's Compensation Personal injury, negligence, trips and falls, wrongful death, etc. |
![]() |
|
|
|
|
Thread Tools | Search this Thread | Rate Thread | Display Modes |
|
|
#1 |
|
Posts: n/a
|
my husband was doing physical therapy after a knee surgery do to a fall at work. While he was at this therapy which was very rigorous he collapsed from a heart attack. What is work comp responsible for?
|
|
|
|
#2 |
|
Veteran Member
Last Online:
Nov 18th, 2008 12:08 AM Join Date: Jun 2008
Location: Ohio
Posts: 81
|
First off, if he did pass as I get from the title, I am very sorry...
To answer your question, I do not believe Worker's Compensation would include a death during physical therapy. This is mainly because his possible heart condition was not directly related to the work accident.
__________________
Human Resources Manager & Payroll Administration ~~There is a balance between the Employees and the Employer~~ |
|
|
|
|
|
#3 |
|
Posts: n/a
|
He had an ekg before his surgery that showed possible heart problems (which we did not know about until after his death). He had no previous problems that would lead us to suspect heart problems. They put him on bicycles & stair steppers which if the doctor prescribing the therapy (he did the surgery too) would have included information from this ekg (my doctor just read it for me yesterday) to the therapist they probably wouldn't have had him doing such arobic activities. Maybe I would have had another day, week, month, or year, I would take even another hour.
|
|
|
|
#4 |
|
Veteran Member
Last Online:
Nov 18th, 2008 12:08 AM Join Date: Jun 2008
Location: Ohio
Posts: 81
|
I am terribly sorry to hear that. I'm sure the doctor was aware of the potential problem and if he felt therapy would have been an issue, he would make those recommendations. It is very difficult to say, one way or the other, that even if he did not have the rigorous therapy, it wouldn't have still shown up at the same time.
From my professional experience, this will be separate from the original injury. Worker's Compensation should not change or cover this unfortunate incident. You may look into the doctor to see if there was neglegence on his/her part.
__________________
Human Resources Manager & Payroll Administration ~~There is a balance between the Employees and the Employer~~ |
|
|
|
|
|
#5 |
|
Posts: n/a
|
thank you for responding.
|
|
|
|
#6 |
|
Posts: n/a
|
I'm not a lawyer, but I can say that I think you would have to prove the work injury as the CAUSE of the heart attack. It is the fallacy of false cause to assume something is the cause of another thing just because they co-exist. B comes after A, but A is not the case of B. You would have to prove the work injury as the cause. And I think this would be difficult to do medically and logically. But I'm not a lawyer. I just understand logic.
|
|
|
|
#7 |
|
Posts: n/a
|
Correction: A is not the cause of B.
|
|
![]() |
| Thread Tools | Search this Thread |
| Display Modes | Rate This Thread |
|
|
Similar Threads
|
||||
| Thread | Thread Starter | Forum | Replies | Last Post |
| Workers comp | Unregistered | Salary & Workers Compensation | 3 | Sep 27th, 2008 06:09 AM |
| work Harassment by the director of my work | Unregistered | Job Discrimination & Harassment | 1 | Sep 22nd, 2008 12:31 AM |
| work mans comp issue for legal advice | Unregistered | Injury & Worker's Compensation | 1 | Mar 6th, 2008 09:21 PM |
| workman's comp | Unregistered | Salary & Workers Compensation | 1 | Feb 27th, 2008 10:38 AM |
| Work based Green Card application & termination of work | Unregistered | Naturalization & Citizenship | 0 | Feb 26th, 2008 06:48 PM |