Q: My husband died of a heart attack on his way home from work while he was driving his car. Someone told me that he was covered under workmans compensation.
--Patricia
Attorney Cliff Horwitz:
I am very sorry for the death of your husband. This a devastating experience to say the least. The area that you are raising is always disputed in the Workers Compensation arena. Insurance companies won't pay claims even where people suffer heart attacks on the job. Hence, you know the WC carrier will not voluntarily pay benefits.
The real question is whether the heart attack arose in the scope of employment. In this situation, the way to prove it would be to show that your husband had early signs of it on the job and/or that your husband was involved in very strenuous activities while on the job. I do not know what state you are from so I am primarily referring to Illinois law here.
There is no mistake about it. This is a tough case. Hire an excellent and motivated workers compensation attorney to find out the answers for you and hopefully put together a winning case.
Again, I wish to express my condolences to you.