Migraines And Heart Attacks: Do They Count Under Personal Injury Law?

You hear it every day; somebody keels over from a heart attack while on the job. Is it stress? Was it the nature of the job, or was the person in poor enough health that a heart attack was going to happen anyway? Then there are those who miss a lot of work due to migraines. In most cases, it is the stress of the job that causes a migraine. In both cases, do these count as personal injury cases? Here is what a personal injury lawyer might have to say about it.

Fired Because of Migraines and Missed Work

Although an employer might report that the fired employee was fired for other reasons, it is very common to fire an employee for too much missed work due to health reasons. He or she can easily argue that firing someone over too much missed work is a reasonable cause for dismissal. Firing for too many absent days because of health reasons is in violation of FMLA, or the "Family and Medical Leave Act."

Considering that the stress of the job caused your migraines (and you can prove it with medical documentation), and that you were fired because of the migraines, you would have a personal injury case. You would also have to prove that the reason you were fired had everything to do with sick days, and not just because your employer thought you were unreliable. A personal injury lawsuit pursues compensation for more than just physical injury. It pursues cases for mental and emotional injuries as well.

Job-Related Heart Attacks

Bosses and supervisors are encouraged to avoid screaming and yelling at employees. In fact, it is considered a form of abuse, so it may even be illegal in some states.

If you were to have a heart attack on the job, you would have to prove one of the following in order for it to qualify as a personal injury case:

  • A substance that poisoned you or weakened your heart muscles
  • Excessive amounts of daily stress compounded by the illegal practice of mandatory overtime to the excess of seven or more days in a row. (Even a police dog gets to sleep sometime.)
  • You have no other pre-existing conditions or health issues that would have caused you to have a heart attack. (If you did, the defense lawyer could argue that your job did not cause you to have a heart attack at all.)

If anything other than what is listed above causes you to have a migraine or a heart attack, and/or lose your job after the fact, it may prove difficult to create a personal injury case around it. For more information, visit websites like http://www.ggwmlawoffice.com.