Legal Question in Workers Comp in Virginia
Death at Work and laibility
If an employee asks to leave work because he is not feeling well; is told "No" by his manager; and later dies of a heart attack at work, is the manager/employer liable?
Also, if a co-worker is giving CPR to the above mentioned employee; and is told to "stop, because you are not certified" by the manager, is the manager/employer liable for the death?
2 Answers from Attorneys
Worker's Compensation Law
The death may well be compensable in worker's compensation.
The refusal to allow the administration of CPR, assuming it can be shown that refusal caused or contributed to the employee's death, is actionable.
If we can help in this matter, please feel free to call us at (301) 570-8976.
Brett
Worker's Compensation Law
The answer is dependent upon the actual facts. What specifically did the deceased tell his boss? Was it reasonably foreseeable that the individual would suffer a heart attack? In any event, if he stopped a Samaritan engaged in restoring the deceased's heart, he would, in deed, be liable. Did the deceased have a history of heart problems? Was there a "hostile work environment" which aggravated a heart condition? Much more to know on the one cause of action. As to the other cause of action, regarding stopping an individual performing CPR, were there any witnesses? I would be happy to review the specifics of the action. Fax = (518)395-3370; tele = (518)374-3006;email = [email protected]
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