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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5733
Experience:  Exclusively practice labor and employment law.
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My husband was on a construction job out of state. After his

Customer Question

My husband was on a construction job out of state. After his lunch break he stated he began feeling bad including having some chest pressure and numbness in his face and arm. He told his supervisor of the pain and the supervisor told him he needed to clock out and go home or go to his truck but he needed to leave the site if he didn't feel good. My husband sat in the office for 40 minutes in pain and popping out in a sweat and no medical attention was given. After 40 minutes and after another employee saw his state, and after the other employee offered to take my husband to the hospital is when the supervisor drove him next door to the hospital and dropped him off at the door. My husband ended up having a heart attack at 32 yrs old. What can be done ?
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

Not much can be done legally. A heart attack is considered an idiopathic condition not related to work. As opposed to having a condition that was exasperated by work to the extent that the work altered the pathology of the medical condition. Thus any type of workers compensation claim is not feasible. You could make the argument that the employer was negligent in not taking him to the hospital for some time sooner, but then there are two issues with such a claim: 1) the employer is not a medical provider and thus is not charged with the duty to have medical knowledge to the extent that its managers must be able to recognize specific symptoms of a heart condition, and 2) it's not at all clear that the heart attack would have/could have been less damaging had they taken him earlier (i.e., did the employer's inaction actually harm him further).