After suffering an injury at your North Carolina workplace, you may end up facing an uncertain future. You may feel like your injury will leav[...]
Workers’ Compensation in North Carolina will pay for a caregiver for a disabled worker under certain circumstances. Known as attendant care services, workers’ comp will pay if it is necessary for a caregiver to help individuals disabled from a work-related injury or illness perform the tasks of daily living that their disability keeps them from doing for themselves. Examples of these tasks include cooking, feeding, bathing, shopping, doing laundry, taking medication, and cleaning. Attendant care can be reimbursed for the amount of time necessary, ranging from a few hours a day up to 24-hour care, depending on the individual’s need and seriousness of the injuries.
While workers’ comp in NC is supposed to pay for a caregiver, this does not always happen. Insurance companies that are out for profit are extremely reluctant to pay for this assistance, especially for attendant care provided by family members. They will not voluntarily tell you about these services and will often find reasons to deny claims.
Fortunately, if you have been injured on the job and require attendant care, the Charlotte workers’ comp lawyers at the Sumwalt Anderson law firm can help you get the benefits you deserve. We know the law and what you are entitled to. We can make sure the application process is done correctly and in a timely manner. Are there caregiver benefits due to you for past services? Our attorneys can immediately get to work negotiating to reverse an initial refusal to pay attendant care benefits and start correcting any mistakes and miscommunications. We offer a free consultation to discuss the circumstances of your case and determine the best way to proceed, so call us today at (704) 377-3770 to get started.
Workers’ comp attendant care is compensation that is available when workplace injuries cause a worker to lose the ability to perform activities of daily living, need assistance in doing so, or are too sick to be left alone. The workers’ comp insurance company providing benefits must either provide coverage that pays for professional caregivers or compensate family members who are giving the necessary assistance. Even if caregivers are performing theses duties out of love and commitment, they may qualify to be paid for doing so.
Examples of conditions requiring attendant care include:
When you begin to understand how attendant care coverage applies to workers’ compensation benefits, you also get the answer to the question, “Will workers’ comp in NC pay for a caregiver?” The answer is “yes.”
The amount of compensation for attendant care will depend on the level of care prescribed and the going rate for attendant care services in the disabled worker’s area. For example, if the average cost of attendant care in North Carolina is $20 per hour, then the insurance should pay that amount to both professionals and family members who are providing attendant care. If the caregiver is a family member, the amount paid is not related to the amount the person earned previously from a job they left to provide the care to a loved one.
North Carolina workers’ comp insurance is intended to provide attendant caregiver benefits along with medical, rehabilitation, and income benefits for workplace-related injuries. Yet, injured workers and their families often are not familiar with the benefits they are entitled to or how to go about getting them. Attendant care is a benefit that many people will not even know about, unless they work with a workers’ comp lawyer who can help them receive this compensation.
Since premiums and costs go up when benefits are paid out, employers and insurers are not going to volunteer information about attendant care. In addition, the rules and procedures for getting attendant care through workers’ comp are complicated. Making mistakes in filing your claim or saying or doing the wrong thing can result in your claim being denied. This is why an experienced attorney is your best option to ensure that you get all the benefits available to you, including coverage that pays for caregiver costs.
To help you get attendant care benefits, our workers’ comp lawyers at Sumwalt Anderson can determine whether help from family caregivers are eligible for workers’ comp benefits. Family caregivers, whether a spouse, child, or other relative or friend, often want to be helpful. They don’t consider the possibility of being compensated for lost income, even though some may have to leave their jobs because of the demands of providing care.
Our attorneys can also tell you when a spouse can receive payment through workers’ compensation benefits when they are a caregiver. There can be a loss of income when one spouse becomes the caregiver for the other. This need for care may mean there is no one to support the family, and financial resources can be quickly depleted. Even if a caregiver was not previously employed, they are still entitled to fair payment through workers’ comp.
The team at Sumwalt Anderson has experience with, and knowledge of, the workers’ compensation system in North Carolina that you need. Our attorneys understand all the potential ways you can be compensated and will help you get all that you are entitled to, including benefits covering costs of a caregiver. When you work with us, we can ensure that you are fully informed of all options available to you for coverage relating to attendant care. We will:
What is the best way to get the cost of attendant care covered by the insurance company?
Is it preferable to have a licensed healthcare professional provide the care?
What evidence would I need to support a claim for attendant care?
What if the employer or their insurer refuses to pay for necessary attendant care services?
Can I get compensated for previous caregiving services?
Can my employer fire me if I was injured at work?
My injury has affected my marriage or relationship, can I do anything about that?
What is attendant care?
Obtaining compensation for attendant care provided by family members in the past is extremely difficult, if not impossible, for a disabled worker and their family to do on their own. Fortunately, the workers’ comp lawyers at the Sumwalt Anderson Law Firm have a long track record of successfully pursuing claims for past-due attendant care compensation owed to family members. We also negotiate on-going attendant care benefits to provide a safe environment for our clients and their families. Our experienced attorneys can also help with the many issues that may come up in a workers’ comp case that require legal assistance to ensure that you get the compensation you deserve.
Whether it is helping to collect benefits for being out of work, permanent injury, medical treatment, or attendant care, our attorneys have the knowledge and experience to guide you throughout the entire process of your worker’s compensation claim. We have helped injured workers navigate the workers’ compensation system for over 75 years.
If you are the caregiver of a loved one who was injured at work and you are not being compensated, or you are a disabled worker who needs help, we can file a claim for compensation with the workers’ comp insurer right away. Let us take care of all the paperwork, deadlines, documentation, legal requirements and appeals to get you the compensation you and your family deserve, so you can focus on recovery and the needs of your loved one. Call the team at Sumwalt Anderson Law Firm today at (704) 377-3770.