Is There Workers’ Comp for Caregivers in Georgia?

Workers’ compensation benefits may be available for caregivers in Georgia. Your status as an employee, your employment arrangement, and other factors can all play a part in determining whether you have workers’ comp coverage and qualify for benefits. Although workers’ compensation cases can be notoriously complex, when you have a trial-proven Georgia workers’ compensation lawyer from John Foy & Associates handling your claim, you can get clarity and the answers you need when you need them most.

If you are a caregiver who suffered serious injuries while providing for your patients, you may have the right to financial support and other benefits. Consult our legal team to find out which options may be available to you. If the insurance company denies your claim despite meeting the eligibility requirements, we will be prepared to introduce additional supporting evidence or challenge their decision in court should it become necessary.

What Are Caregiver Workers’ Comp Benefits?

Caregiver workers’ compensation benefits can help you cover your expenses if you need to take time off of work as a caregiver due to a work-related injury or illness. During this time, you may be able to get your medical expenses covered, access wage replacement benefits, or even secure job training if you will no longer be able to continue working as a caregiver due to the severity of your injuries.

They should not be confused with attendant care benefits. These are available to injured or disabled workers who have difficulty providing for themselves. Also known as home health care, if you were to require assistance with laundry, cleaning, cooking, or even bathing an attendant care provider can help you learn how to do these tasks independently again.

Do I Qualify for Workers’ Comp Benefits as a Caregiver?

Your ability to collect workers’ compensation benefits as a caregiver will depend on your work status. If you are on a W-2 with a company with more than three employees, you should be protected by the company’s workers’ comp insurance coverage, according to the Georgia State Board of Workers’ Compensation (SBWC). However, if you are an independent contractor, the company that hired you to provide attendant care may not protect you with workers’ comp.

Independent contractors have the authority to purchase their own workers’ comp protection coverage. This may be well advised, particularly if you work in an accident or injury-prone nursing home. If you are unsure whether you are eligible for workers’ compensation benefits, do not hesitate to contact an experienced workers’ comp lawyer to find out what options may be available to you.

Can My Spouse Collect Benefits as a Caregiver Through Workers’ Compensation?

If you have suffered a serious injury and your spouse needs to take time off work to act as your caregiver, you may be able to get these benefits covered by your workers’ compensation insurance provider. This is because workers’ compensation benefits include compensation for all medical expenses. When you require assistance completing daily living tasks and need a home healthcare provider to assist you, your spouse or other relevant family member may be entitled to compensation for this care.

What Do I Need to Do to Get Caregiver Workers’ Comp? 

Your ability to collect workers’ compensation benefits will vary depending on your specific situation. For example, if you are someone who was injured in a work-related accident and require the assistance of a home healthcare provider, your medical benefits should cover these expenses. However, if you are a caregiver who suffers a work-related injury, the answer may not be as clear.

Home healthcare providers are hired by individuals instead of companies. This means if you are hired by a family, you will not be afforded the same types of benefits that you would if you were working for a company that had three or more employees. However, if you work with a healthcare company, you should be afforded the workers’ comp benefits coverage they are mandated to carry by law.

How Much Are Workers’ Comp Benefits for Caregivers?

The amount you can expect to receive in workers’ compensation benefits will generally amount to approximately 66% of your average weekly earnings. This means if you are working as a caregiver and need to take time off to heal from your injuries, you could expect to receive approximately 2/3 of your income. Typically, you can continue collecting these benefits until you reach maximum medical improvement (MMI) and can get back to work.

If you need to hire an attendant care provider, the insurance company should cover the total cost of the home health aide. The insurance company is required to pay for any medical expenses related to your injuries. This includes the hourly rate of caregivers, medical devices, equipment, prescription medication fees, and other relevant healthcare costs.

Is Workers’ Compensation Insurance Coverage Required by Law?

Companies that have more than three employees on payroll are required to provide workers’ comp insurance coverage. However, this does not apply to those who employ domestic workers. These parties are exempt from providing workers’ comp and health insurance coverage. However, the benefits of offering this coverage to caregivers are undeniable.

Without workers’ comp insurance coverage, anyone employing a domestic worker may leave themselves open to liability in the event of an on-the-job injury. This means they could be responsible for covering the injury victim’s medical expenses and other related damages. Purchasing workers’ comp insurance coverage is the best way to protect yourself whether you are hiring a caregiver or working as an independent home health aide.

Connect with a Leading Workers’ Compensation Lawyer in Georgia Today

If you or someone you love is working as a caregiver, you should be protected by workers’ compensation coverage, depending on your employee status. If you work as an independent contractor, you may need to carry your own workers’ comp insurance coverage to get financial support. However, if you are employed by another company as a caregiver, you should be protected.

However, do not be alarmed if the insurer denies your claim. The insurance company will lose money if they approve your claim for workers’ compensation benefits. Show them how seriously you are taking your case when you enlist the service of a highly experienced Atlanta workers’ compensation attorney from John Foy & Associates by calling our office or completing our online contact form to schedule your free consultation today.