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workers comp or short term disability?

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olddog53

Junior Member
What is the name of your state (only U.S. law)? nevada, I was sent out of town for 2 days by my employer to do a job and after hours on the first day I suffered a heart attack and subsequentially spent 4 days in hospital, I am now out and cannot work for 6 weeks and have no income and very little savings and employer offers no insurance so what do I do? workers comp or short term disability? and how do I apply?:confused:
 


cbg

I'm a Northern Girl
Does your employer offer short term disabilty?

To file a workers comp claim, you and your doctor would have to show evidence that your employment CAUSED your heart attack. It is not enough that you were on the job when it happened; it would have to be BECAUSE of your job that it happened.
 

Betty

Senior Member
I am now out and cannot work for 6 weeks and have no income and very little savings and employer offers no insurance so what do I do? workers comp or short term disability? and how do I apply?:confused:
If your employer provides no STD & you don't qualify for workers comp in this case, does your employer offer any pd. sick/vacation/other pd. time off days that you have accrued & can use to get paid while off?
 

canhelp

Member
What is the name of your state (only U.S. law)? nevada, I was sent out of town for 2 days by my employer to do a job and after hours on the first day I suffered a heart attack and subsequentially spent 4 days in hospital, I am now out and cannot work for 6 weeks and have no income and very little savings and employer offers no insurance so what do I do? workers comp or short term disability? and how do I apply?:confused:

contact the Nevada atty for Injured Workers
http://naiw.nv.gov/
they will know if there is caselaw supporting after hours work comp coverage while employees are traveling.
 

cbg

I'm a Northern Girl
It's not a question of whether there is coverage for employees while traveling. It's a question of whether or not the heart attack is a DIRECT RESULT of his employment.

Surely he can call the above, or any other attorney he chooses. But if there is not direct medical evidence that if not for his employment, he would not have had the heart attack, workers compensation is irrelevant regardless of traveling or not traveling.
 

commentator

Senior Member
I agree with cbg, he'd be very hard pressed to tie the heart attack in to worker's comp. Only in the rarest of circumstances, such as that his type of work or working conditions could be said to have been a direct cause, ( something very strenuous required, extreme temperatures that particular day) something of that sort. I do not know if Nevada has a short term disability program for workers in their state, but if they don't, and your employer has no such programs, you are out of luck as far as income support for those weeks you are off due to the heart attack, (as you are in most of the southeastern states without state disability programs.) You may qualify for FMLA, depending on the size of your employer and how long you have been with them, and that will protect your job for you until you can get back to work, maintains your health insurance if it was through the job, but that's about it.

You will not be able to receive unemployment benefits during any time you are out of work due to a medical condition. If your employer were to terminate you when your FMLA runs out, or if you have no eligibility for FMLA, sign up for unemployment immediately, and you could begin receiving unemployment insurance when you are fully released to return to work.
 

cbg

I'm a Northern Girl
I do not know if Nevada has a short term disability program for workers in their state

They do not - not for private employers (I don't know about state employees).

There are only five states for which there are state disabilty benefits for the employees of private (non-governmental) employees; California, Hawaii, Rhode Island, New York and New Jersey. (Puerto Rico also, but they are not a state)
 

commentator

Senior Member
One of the saddest things I had to do in my career was to tell people who had had a health crisis that they did not qualify for unemployment benefits while they were not able to work due to their illness or injury. It's truly sad. And most people are totally unaware until it hits them. Not bad that they don't get unemployment insurance, that's the way that program is set up to work, but that there's no other safety net for people who fall off a cliff on their day off, even if they've worked hard all their lives. If they were perhaps made a bit more aware (in school? In daycare? At church groups? by the media?) it would be a bit more reasonable to expect them to have saved for this possible rainy day, have purchased disability insurance on their own, but really, most people are paycheck to paycheck (are encouraged to be in our economy) and are financially devastated by this situation.

My little rant for the day here.:)
 

Betty

Senior Member
I agree commentator that it is sad. The person not only has to deal with his/her illness or injury but also has to worry about how to get by income wise.
 
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