Legal Question in Workers Comp in Florida

This is very difficult to prove under workers compensation. Conatct a workers compensation lawyer in your area. See www.FloridaPersonalInjuryTrialLawyer.com

Simply having the heart attack during work does not make it fall under workers' compensation. In general, the Florida Workers' Compensation Act, in order to prove entitledment to workers' compensation benefits, the work performed must be at leat 51% of the reason for the heart attack. This makes entitlement to workers' compensation benefits for a heart attack very hard to prove because healthy hearts don't just go into cardiac arrest. There is always a pre-existing reason, some sort of heart disease, coronary disease, obesity and/or hypertension involved. You must prove that something about the trip and the work was 51% of the reason his heart went into cardiac arrest and he died. An autopsy is essential as is his past cardiac history. No one can answer the question fully without all of that information. You are going to have to bring a qualified attorney the autopsy results, his medical records and a description of his normal job and the job he was doing at the time of his arrest. My condolances to you and your family.

Jane-Robin Wender

Board Certified Workers' Compensation Attorney

561.272.9510