Had a heart attack on the job as a truck driver
I'm very sorry to hear about your heart attack. Your question was under the practice area "truck accident". I reclassified it to workers compensation because you said you had a heart attack on the job.
By you classifying your question as a trucking accident, it leads the reader to wonder whether you had an accident and a heart attack, and which one came first. Your heart attack can be compensable as a California workers compensation claim, depending on the unique facts of your particular case. A trucking accident also be compensable as a California workers compensation claim.
Contact a workers compensation attorney now to protect your rights. Don't talk to anyone from your employer's insurance company until you talk to a lawyer. If my answer helped you or is the best, please mark it as such. Thanks.
Response of Renee Yvonne Gardner, California attorney under Avvo term of use 4. "no formation of an attorney-client relationship." This is not a solicitation for clients, it's only a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship, is not protected by the attorney-client privilege and does not create a right to continuing communication with her. She does not endorse attorneys whose advertisements appear on this website, including those appearing as "Similar lawyers" and/or "Sponsored Listings". Her explicit endorsements for a particular attorney on this website are not a guarantee of their results.
Sorry you are going through this. A successful W.C. claim would require that your heart condition was caused or contributed to by your employment. With a stressful job like yours that may be shown to exist. I agree that you would be better off calling one of us to help you with this. I hope you recover soon.
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We would need to be provided with further information regarding this issue. Any injury that occurs on the job in the state of California can be compensable under workers compensation laws. However, a full assessment of your claim would need to be made, after all the facts are given.
The answer is "possibly" and "it depends." You have at least two potential hurdles. First, many trucking companies claim that they have no employees but that all the drivers who work with them are independent contractors, subhaulers, or the like. This discourages many truckers from filing workers' comp claims. However, even if your contract says "independent contractor" if you use their credentials (CA#, USDOT#, etc) and their name is on the truck, you are considered an employee for workers' comp purposes. The second issue is whether the heart attack was industrial. A good attorney can send you to a treater and QME who can show industrial causation from a medical standpoint. I recommend you find a good attorney who can walk you through the process and represent you on this case.
Yes you can file a workers compensation claim, but it may be a difficult case. You should hire an attorney in your area. Use the find a lawyer tab on AVVO to find a top rated lawyer in your area. Good luck.
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