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Workers Comp Death Benefits

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  • 02-04-2009, 08:57 PM
    jul19oct29
    Workers Comp Death Benefits
    My question involves workers compensation law for the state of: California

    My father past away at work. He was not feeling well. He went to the nurses station. From what we heard the nurse tried to take his blood pressure but could not get a good reading...she told him to go to the doctor. He went to the locker room to change and they later found his body. He died of a heart attack. Can my mother fill out workers comp since he died at work? The nurse never called 911 until after they found his body. Isn't she mandated to call 911 when an individual is seeking her help. I'm not sure what took place, it is all hearsay. I left a voicemail to speak to the nurse and she will not return my call.
  • 02-07-2009, 10:40 AM
    Mr. Knowitall
    Re: Workers Comp Death Benefits
    She can try, but just because he died at work doesn't mean the death is work-related. Talk to a malpractice lawyer about whether or not the nurse may have violated her duty of care.
  • 02-07-2009, 01:24 PM
    jul19oct29
    Re: Workers Comp Death Benefits
    Thank you for answering my question.
  • 02-07-2009, 01:30 PM
    gigirle
    Re: Workers Comp Death Benefits
    Quote:

    From what we heard the nurse tried to take his blood pressure but could not get a good reading...she told him to go to the doctor.
    Key word here is heard. What is documented is what matters.
    Quote:

    Isn't she mandated to call 911 when an individual is seeking her help.
    No, someone could be asking for help getting out a splinter. She is however required to act as a resonable prudent person would. It would be interesting to see what her assessment said of him. Based on your post, get that attorney on board to access the records. I would also make a report to the state licensing board.
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