Is Having a Stroke at Work Covered By Workers’ Compensation?

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Workers’ Compensation provides medical and disability benefits to qualifying employees in Pennsylvania who experience a work-related injury or illness. Covered injuries can include most negative health developments. So, is having a stroke at work covered by workers’ compensation? The determinative issue is whether the injury was caused by the conditions or circumstances of employment. 

Proving that an employee’s stroke was work-related is tricky because certain underlying medical conditions and lifestyle choices also increase the risk of having a stroke. However, an employee’s susceptibility will not preclude the payment of benefits if the employment was a significant contributing factor to the injury. 

The Pennsylvania workers’ compensation lawyers at Munley Law have been championing the rights of injured workers throughout the commonwealth for nearly 70 years. Our attorneys have the experience necessary to succeed with difficult employee injury claims that insurance companies often try to deny.  

Having a Stroke at Work May Be Covered by Workers’ Compensation in Pennsylvania

The Pennsylvania Workers’ Compensation Act makes employers responsible for injuries that occur to employees during the course of their employment and requires employers to compensate employees for medical expenses and lost wages due to the injury. Workers’ comp coverage applies even though an employee’s actions contributed to the injury. However, coverage will not apply if:

• An employee’s injury was intentionally self-inflicted
• An employee’s injury was caused by a violation of the law
• The employee had not been intoxicated, the injury would not have occurred

An employee’s physical condition before an injury will not affect the payment of benefits as long as the claimed injury is related to the employment. If death results from a work-related injury, benefits are payable if the death occurs within 300 weeks of the injury. 

A covered injury includes all injuries caused by the condition of the employment premises or by the operation of an employer’s business or affairs, so long as an employee’s responsibilities require exposure to the circumstances causing the injury. 

How does the Coming and Going Rule Affect Workers’ Compensation Benefits?

As a general rule, employee injuries that occur as an employee is commuting to or from work are not covered by workers’ compensation. There are exceptions for employees with no fixed place of work or who are in some way furthering the business of the employer during the commute. 

The fact that an employee suffers a stroke while driving to work or at a location other than an employer’s business does not determine whether workers’ compensation benefits will apply. A stroke is typically the result of cumulative circumstances and not the result of one direct cause. Only if the conditions of employment increase the risk factors is a stroke or heart attack at work covered by workers’ compensation.

When Is a Stroke Covered by Workers’ Comp?

There is often little warning before a stroke occurs. A stroke is caused by something in the body blocking the flow of blood to the brain or when a blood vessel in the brain bursts, causing bleeding in the brain. In both situations, brain cells can become damaged and die within minutes. Strokes are medical emergencies requiring immediate medical intervention to reduce damage and complications. 

According to the Centers for Disease Control and Prevention (CDC): 

• Stroke is a leading cause of long-term disability and death for Americans.
• Someone in the US has a stroke every 40 seconds.
• Almost 25% of the people who suffer strokes have had a previous stroke.
• High blood pressure is the number one risk factor for stroke. 

Lifestyle factors such as being overweight, smoking, or using drugs can increase the risk of stroke. Medical risk factors include high blood pressure, high cholesterol, and cardiovascular disease. Certain demographic characteristics, such as being over age 55 and being male, are also associated with a higher risk of stroke. In addition, certain environmental and social factors are recognized as contributing to the risk of stroke because they can influence behavior and bodily health. 

What are the Occupational Risk Factors for Stroke?

The occupational risk factors for stroke in the context of workers’ compensation coverage are those conditions or circumstances of employment that cause the body to respond in unhealthy ways. The occupational risk factors for stroke in PA and elsewhere include:

• Stress
• Working long hours
• Shift work
• Exposure to noise
• Working in hot or cold conditions
• Exposure to chemicals, toxins, or dust

Occupational risk factors for stroke are modifiable. If they are recognized, they can be prevented or managed to reduce the risk.

Which Occupations Have a Higher Risk of Stroke?

A recent study of the employment characteristics of adults aged 45 or older who had suffered strokes between 2003 and 2020 found a correlation between duration of employment and increased risk of stroke in the following three professions:  

• Protective services
• Food preparation and service
• Transportation and material moving

The study offered no insight regarding the specific work-related stroke risk factors for each occupation.

How Does Job Stress Increase the Risk of Stroke?

Stress is how the body responds to difficult, unpleasant, uncomfortable, or threatening circumstances in the environment. Job stress is known to increase the risk of having a stroke. Job stress is highest in those occupations where there are significant performance demands made on workers while they have little decision-making authority. Food servers and nurses’ aides are examples of high-stress jobs. Job stress is lowest among workers in professions with more control over what they do and how the work is performed.

Work-related stress can lead to unhealthy choices and mental or physical disease. Stroke risk factors such as depression, high blood pressure, poor diet, smoking, alcohol overuse, drug use, sleep deprivation, and lack of exercise are all associated with too much stress.

What Are Other Work-Related Risk Factors for Death from Heart Disease and Stroke?

In a joint press release, the World Health Organization (WHO) and International Labor Organization (ILO) reported that working 55 hours or more a week is associated with a 35% higher risk of stroke compared to working a 35-40 hour week. 

Working long hours is responsible for approximately 33% of all occupational illnesses, making it the primary risk factor. Men and middle-aged or older workers are most at risk of dying from heart disease or stroke as a result of long working hours. 

What Workers’ Compensation Benefits Are Available for an Employee Who Suffers a Work-Related Stroke?

Suffering a stroke can result in significant medical expenses, an extended recovery time, and permanent impairment. The workers’ compensation benefits available for an employee who suffers a work-related stroke can include the following:

Medical Expenses

An employee is entitled to coverage for all medical expenses related to an injury or illness that are reasonable and necessary. 

Wage Replacement

Employees who are temporarily unable to work or who can only work in a limited capacity are entitled to partial wage replacement. Workers who are unable to work for longer than seven days may receive two-thirds of their average weekly wage, subject to a maximum weekly amount adjusted annually by the Department of Labor and Industry.

The Statewide Average Weekly Wage (SAWW) for 2025 is $1,347. Benefits are paid weekly for the duration of the disability and are not taxable. 

A worker who is unable to return to work may continue to receive wage replacement benefits indefinitely or until:

• Medical recovery with no limitations
• Return to full pre-injury employment
• Return to other employment with no reduction in earnings

Specific Loss 

Specific loss benefits compensate an employee for the loss of a body part (hand, leg) or a body function (hearing, sight). Injuries are compensated according to a set schedule that assigns a certain number of weeks of benefits to a particular injury. The benefits are payable without regard to whether an employee can return to work.

Death

When an employee dies within 300 weeks of a work-related injury or illness, certain surviving family members are entitled to claim death benefits. A claim must generally be made within three years of the date of death. 

The surviving spouse, dependent children, and certain other dependents may receive benefits based on the average weekly wage of the deceased employee. Benefits can be paid until a surviving spouse remarries and children reach a specific age. Death benefits include funeral expenses. 

Your Workers’ Compensation Claim in PA is Stronger When You Partner with Munley Law

A stroke is a serious medical condition that can result in permanent, debilitating injury or death. Proving the conditions of employment are significantly responsible for causing an employee’s stroke is not easy and requires an advocate who recognizes how conditions experienced on the job affect a person’s stroke risk. 

At Munley Law, we are all too familiar with how a job-related injury can affect a family, depending on the income of an injured family member. We fight hard for the rights of injured workers and the compensation they are entitled to under the laws of Pennsylvania. When you’ve been injured at work, you can’t afford to risk your family’s future. Trust experience. Trust commitment. Trust Munley Law.  

Reach out to us today to schedule a confidential consultation.