The idea of having a heart attack on the job can seem like a nightmare. Unfortunately, it can happen, leaving you out of work for weeks or months as your medical bills pile up. Workers’ comp benefits can make a significant difference for struggling employees. But does a heart attack qualify for workers’ comp? In some cases, it can, depending on the circumstances.
The North Carolina workers’ compensation lawyers at Younce, Vtipil, Baznik & Banks can help you fight for the benefits you need after an on-the-job heart attack. Our decades of in-depth experience with workers’ comp cases means we understand the law and how to use it to defend your rights. We’ll handle the legal process, including the task of proving that your heart attack was work-related, while you rest and heal. Call now or complete our contact form for a free consultation.
When Can You Get Workers’ Comp for a Heart Attack?
The general rule for North Carolina workers’ comp claims is that your injury must have occurred as the result of an accident in the “course and scope” of your employment for you to qualify for benefits. You must also be an eligible employee at a business that the law requires to carry workers’ compensation insurance. Under North Carolina law, most companies with three or more employees must provide workers’ comp insurance (N.C.G.S. § 97-2).
In Madison v. International Paper Company, 165 N.C. App. 144, 598 S.E.2d 196 (2004), the Court confirmed the general rule that when an employee is conducting his work in the usual way and suffers a heart attack, the injury does not arise by accident and is not compensable. However, an injury caused by a heart attack may be compensable if the heart attack is due to an accident, such as when the heart attack is due to unusual or extraordinary exertion, or extreme conditions. The Court also noted that while the employment must be a contributing cause or bear some reasonable relationship to the employee’s injuries, the employment need not be the sole causative force if the physical aspects of the employment contribute in some reasonable degree to bring about or intensify the condition which renders the employee susceptible to such accident and consequent injury. The Court went on to hold that the claimant’s job duties which required him to work in ambient air temperatures of 90 degrees Fahrenheit, and periodically be exposed to temperatures in excess of 200 degrees, were sufficient to establish competent evidence that the plaintiff was subjected to a particular or special hazard from these elements, which caused or, significantly contributed to, his heart attack and resulting death. There was proof of exposure to extreme or hazardous heat.
In King v. Forsyth County, 45 N.C. App. 467, 263 S.E.2d 283 (1980), a deputy sheriff suffered a heart attack after chasing a fleeing suspect. The Court of Appeals held the plaintiff did not need to show he was engaged in an unusual activity for his injury to be compensable. The overexertion alone was enough.
In Gabriel v. Town of Newton, 227 N.C. 314, 42 S.E.2d 96 (1947), a policeman suffered a heart attack after struggling with a man who was violently resisting arrest. The heart attack was held to be a compensable injury by accident due to the exertion involved.
Unfortunately, these cases aren’t always as straightforward as injured workers would prefer, especially for heart attacks. In the case of Dillingham v. Yeargin Construction Co., the North Carolina Court of Appeals ruled that a heart attack at work is covered by workers’ comp only if it results “by accident,” which requires evidence of “unusual or extraordinary exertion” preceding the heart attack.
The Court found that the employee’s cardiac arrest did constitute an injury by accident under the Workers’ Compensation Act. The Court emphasized that the employee’s work conditions – wearing a heavy, sealed suit in a hot work environment – qualified as extreme exertion and exposed him to a greater risk of overheating than the general public.
