As most of you know my dad passed away last week from a brain aneurysm. While working it burst in his head causing bleeding which later lead to brain swelling. Which then lead to death. This aneurysm burst while he was cranking a handle to open a water gate for a box culvert. Ill be talking to his work comp. agent tomorrow but was curious as to what your opinions are on this matter. I'm not looking to get rich off my dads death. He has been my family's' sole source of income for 30 years and has taken care of every financial aspect of my mom's life. So that alone has me worried and I just want to make sure my mom is taken care of. Thanks for your time and help guys.
death on job, work comp. claim?
1 - 20 of 22 Posts
Sorry about your loss, I can't imagine what you are going through.
It doesn't seem to me that Workers Comp. would come into play in this case, unless somehow the aneurism was work related, but you should get some information from a W/C attorney.
Joined
·
8,937 Posts
My first thought is that the Ins. Co. would not pay, or at minimum put up a heck of a fight.
I'd just as soon not go into the reasoning behind my thoughts since this is a public forum and if you do pursue this.....they will read up on you.
But you can contact me if you wish.
I'd just as soon not go into the reasoning behind my thoughts since this is a public forum and if you do pursue this.....they will read up on you.
But you can contact me if you wish.
I don't want to come off as a cold callous douchebag...
but....
....can it be proven that that was the action - and not tying his boots or soome other non-work related activity - that caused it?
Some cold callous douchebag might be asking you that same question tom'row.
My sincerest sympathy and condolences for your family's loss.
Joined
·
7,251 Posts
Possibly the right attorney versed in that type of action would be able to steer you in a proper direction, if in fact the stress of his task and lack of whatever safety requirements would have been ommitted from doing it were provable.
Who knows?
Less egregious actions have instigated an action before, but don't count on it being an easy battle of proving the burden, if there is one that needs to be met.
Ed
Who knows?
Less egregious actions have instigated an action before, but don't count on it being an easy battle of proving the burden, if there is one that needs to be met.
Ed
As others stated sorry for your loss.:sad:
As Celtic pointed out they will be douchebags. My girlfriend broke her back at work over 2 years ago took a year WITH a lawyer to get an operation. Only recently are they even talking settlement.
I’m not trying to take away from your situation just show a timeline for something small like a broken back.
Your case will be trying I wish your family well and that Ya’ll have the strength to be there for each other as this will be a very trying process added on to the already tremendous grief Ya’ll are experiencing.
My sympathies to you and your family at this difficult time.
You’ve already gotten a lot of good advice here. Talking to a W/C lawyer in your state is the best thing to do as you will need someone who knows the laws for your state inside-out. For the purpose of informal discussion like is going on here in this forum, I would offer the following comments:
Where he died doesn’t matter. The fact that he died while on the jobsite doesn’t automatically qualify this as a potential Comp claim. Think of the reverse – many workers end up dying in hospital or at home, and they have a valid Comp claim.
Compensation covers more than just accidental injuries. Workers can claim for gradual long term conditions that are brought on because of their working conditions – examples: carpal tunnel syndrome for office workers or other repetitive strain injuries such as lower back pain for labourers; also heart problems or stomach ulcers can be successfully claimed if it can be proven that these conditions came about because of the work environment. Even if the ulcer was already there, if you can prove that it became worse because of your work, then you have a partial claim for the percentage that was made worse by your job conditions.
The key, therefore, in your dad’s case, whereby you mention he died of an aneurysm, will be to get medical corroboration attesting that his work either caused the aneurysm (full payment) or made it worse (partial payment). This will be very difficult to prove but if you have a good lawyer they will know how to present the case to make it winnable.
You’ve already gotten a lot of good advice here. Talking to a W/C lawyer in your state is the best thing to do as you will need someone who knows the laws for your state inside-out. For the purpose of informal discussion like is going on here in this forum, I would offer the following comments:
Where he died doesn’t matter. The fact that he died while on the jobsite doesn’t automatically qualify this as a potential Comp claim. Think of the reverse – many workers end up dying in hospital or at home, and they have a valid Comp claim.
Compensation covers more than just accidental injuries. Workers can claim for gradual long term conditions that are brought on because of their working conditions – examples: carpal tunnel syndrome for office workers or other repetitive strain injuries such as lower back pain for labourers; also heart problems or stomach ulcers can be successfully claimed if it can be proven that these conditions came about because of the work environment. Even if the ulcer was already there, if you can prove that it became worse because of your work, then you have a partial claim for the percentage that was made worse by your job conditions.
The key, therefore, in your dad’s case, whereby you mention he died of an aneurysm, will be to get medical corroboration attesting that his work either caused the aneurysm (full payment) or made it worse (partial payment). This will be very difficult to prove but if you have a good lawyer they will know how to present the case to make it winnable.
Joined
·
9 Posts
Damn, bro- that sux!!! I'm new here, but I cry for you and yours! What I had to say has been already- good people with experiance here. Rule #1- when it comes to the government, get a GOOD lawyer: I was young and dumb, believed that the 'comp guy was going to be fair... Still have an F'd back, still don't have a damn thing to show for it but a long list of pain killer reciepts out of my pocket! Be smart, get a lawyer that specializes in W/C, check the referances, BE SURE!!!
C.Ray
Sorry again for your loss.
C.Ray
Sorry again for your loss.
Joined
·
628 Posts
sorry to hear about that but works comp usually covers work related or originated injuries. you would need a good lawyer, most of the time individuals choose to get some life insurance for extra security. workers comp is workers comp...its not exactly life insurance. Goodluck
Thanks for the input guys. I think I need to make something clear. We're not trying to get rich or even take advantage of WC. Ive had some people tell me things that got me thinking. I want my mom to have whats entitled to her but on the other hand my father was totally against suing. Thats why I came here first before I go to the lawyer.
Joined
·
628 Posts
well a lawyer can advise you best. goodluck
sorry about your loss....and trying to assign a blame
sorry about your loss....and trying to assign a blameThat was clear to me already....I hope you took my words in the right spirit as well.
I don't see how an aneurism that ruptured could be work related, just because it ruptured while at work, does not meant it was work related.
I hope your mom gets everything she deserves and I hope you father had adequate life insurance.
Joined
·
88 Posts
I'm new to here, but i am definately sorry for what happened. My family well is the most inportant thing in my life, so I understand. I just wanted to ask, how old was your dad.
He was only 51. I have no idea how work comp works. I just thought there was a chance since it happen at work and the aneurysm burst while he was doing physical labor there might be a chance my mom was entitled to some money. I'm not trying to assign any blame here. I am going to talk to a lawyer and if it isn't clearly a comp claim then we will not pursue it. My father was strongly against law suits and things of that nature. If it is a legit claim then that will be a different story. From the sounds of it here we will not be pursuing anymore but we will talk to an attorney first.
1 - 20 of 22 Posts
