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Thank you for your service?
Walt (all names have been changed) was a 20-year veteran of his city's police force, and quite high in seniority. As is customary, police officers participate in mandatory annual physical fitness testing in order to qualify for continuing certification credentials.
In his 50s, Walt was no spring chicken, but he was in excellent shape for his age. On the date of his physical fitness test, Walt was required to run one mile, drag a heavy dummy a specified number of yards, climb a fence and perform other physically strenuous activities that stretched his physical limits.
After completing one particularly exhausting activity, Walt paused for a moment, opened a bottle of water and turned to speak with a fellow officer. He only spoke a few words when his eyes rolled back into his head and he collapsed. He was immediately taken by ambulance to the hospital where he underwent surgery for a massive brain hemorrhage and stroke. Two days later, Walt passed away.
Walt's wife, Barbara, made a claim for death benefits under Utah's workers compensation laws, but the claim was denied. Strokes, said the insurance company, can happen any time, anywhere, and just because Walt happened to have a brain hemorrhage while he was at work was a coincidence. Not only that, the adjuster claimed that Walt was not performing any physical activity except drinking water when he collapsed.
To add insult to injury, Walt's health insurer refused to pay his $200,000 plus hospital bill because they contended that his stroke was caused by work and should be covered by workers compensation insurance. His wife, Barbara, came to Davis & Sanchez for help.
At mediation, Davis & Sanchez argued that Walt's surgeon attributed a major cause of his stroke to the physical fitness testing he was undergoing. They also argued that he was in the course and scope of his employment when the stroke occurred, that his intense physical-fitness testing was performed while he was on the job — during work hours — and that he was required by his job to undergo such testing annually.
Eventually, attorneys from Davis & Sanchez were able to get the health insurer and the workers compensation insurer to compromise and each pay a portion of the outstanding medical bills. Davis & Sanchez also negotiated a six-figure death benefit for Barbara.
This situation is all too common. Employers and insurance companies are quick to claim that a sudden medical event is not work related or compensable because it could have occurred any time, anywhere.
To employers and insurers: "Not so fast!" Extreme working conditions, access to hydration, heavy physical exertion, or other employment-related special circumstances often trigger sudden medical events and qualify them as compensable industrial accidents. Don't just accept the opinion of an employer or insurance adjuster at face value. Call a specialist like Davis & Sanchez. Workers Compensation law is all they do. Davis & Sanchez can help clients like Walt's wife, Barbara, use overlooked facts and well-reasoned medical opinions to leverage a judgment at trial or a settlement from reluctant workers compensation and health insurers.
What benefits are employees entitled to if injured at work?
Like other states, Utah requires employers to carry workers compensation insurance. In the event of an accident at work, this insurance is designed to pay an injured worker's medical expenses, a modest wage until the employee can get back to work, and modest compensation for a permanent impairment — such as consequences of a serious orthopedic surgery or an amputated body part.
In extreme cases, workers compensation insurance pays death benefits to an employee's family if the employee is killed, or a modest income for life if the employee is never able to return to work again. Whose fault the accident is (the employer's or the employee's) does not matter.
Workers compensation benefits are not a gateway to easy wealth. These bare-bones benefits are designed to keep an injured worker's family afloat financially until the employee can fully recuperate.
Most of Davis & Sanchez clients say they would trade their workers compensation benefits in a heartbeat for the accident never to have happened in the first place. Injured workers often lose good health, income, and future earning power following a serious accident at work — even with insurance coverage.
Is it any wonder that the Workers Compensation Fund has adopted as its motto: "Be careful out there!" Another reason to "be careful out there" is that insurance companies do not like to pay. They will often use every means at their disposal to delay or avoid payment altogether. After a horrific work accident took Walt's life, his family was left destitute — until they called Davis & Sanchez for help. This is his story. All names have been changed.
Most workplace injuries aren't reported
What happened to Walt could easily happen to you or to those you love.
In 2021, the U.S. Bureau of Labor Statistics reported that an average of 2.3 per 100 full-time workers were injured on the job that year. The most common non-fatal injuries were sprains, strains, and tears. Construction, transportation, and warehouse industries accounted for the most work-related deaths.
When you're dealing with the lasting effects of a workplace injury or death, the last thing you want is a financial burden to carry as well. However, many workers are unaware of the benefits available to them through worker's compensation. The Occupational Safety and Health Administration estimates that half of workplace injuries go unreported.
Have you been injured at work? Get help!
If you suspect you aren't receiving the compensation you rightfully deserve for a workplace injury or illness, it's important to act quickly. Let the award-winning team of attorneys at Davis & Sanchez help. As a law firm focused solely on workers' compensation, Davis & Sanchez offers free case evaluations to help you determine if hiring an attorney is your best option.
Contact them today to get the help you need.
