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Handling Employee Death at Work: Legal & Ethical Considerations


Question
We had an employee die while at work r/t a heart attack. He was 300+ pounds, never saw a doctor due to fear and apparently was a mess. On 7/2 he worked his full-time job and then went to work for us part-time cleaning. He was almost done mopping and leaving when another employee found him unconscious.  911 was called but he never made it.  The Medical Examiner called and told us it was non work related and gave us details to that affect.  OSHA was called as it was an employee death but never came out because it was "obviously non work related."  Is that the end?  Of course not.  Just yesterday, the wife called our insurance company saying it was really hot in the building.  Apparently she was going into the building and knew she should not be doing so as it was trespassing.  We never knew about that.  She was not around that specific night.  While my husband was told we were all set, I wasn't so sure. It has been a couple months, bills are piling up I'm sure so now the wife is going to get money anyway possible...or so I suspect.  We've been told this is not something they will likely pay and they would deny it and will close the file by the end of the year.  Do you think anything can come of this?  It makess me so mad my husband gave this guy a chance.  He was so big, but did a good job.  My husband liked the guy and really wanted to give him a shot because being so big he really wanted to work for us.  It seems anytime we help someone out it comes back to bite us.  I'm a nurse and know clogged arteries don't come from working!  In his obituary it said he loved to cook.  Well, yes and he obviously liked to eat everything he was cooking!  Hey if he was happy great, but don't come back to sue us because the heart attack came on our time.  Have you ever handled cases where an employee dies on the job and are non work related?  Our agent said hardly ever would an insurance company pay over a heart attack.  It makes me so sad this country just sues, sues and sues over everything.  My daughter was adopted from Romania and they never sue each other.  God, what is this country doing?!  Thanks for your help.  

Answer
Unfortunately I do not handle this type of claim.  However I would certainly speak with your attorney or the attorney for your insurance company.

It is sad that too many people like to sue.

I wish I could be of more assistance but this appears to be more of a lega situation at this point.

Diane