Can Your Family Members Get Paid If You Get Hurt On The Job?

 

Host:       

It’s important to know your rights when it pertains to workers’ compensation, and Katherine Stone from Injury Florida Law is here to discuss if your family members can get paid if you are hurt on the job. We’re getting into a little sticky situation, it seems like.

Katherine:   

Yeah, and I don’t think we’ve ever touched on this before.  Basically it’s under the Attendant Care Statute. So for those individuals who are severely injured, traumatic brain injuries, paralyzed, other cognitive issues that keep them from being able to perform their daily living activities, there is a provision in the statute that allows for attendant care. So it can provide for professional attendant care. So for instance, let’s say you’ve had a surgery and you need to come home and you’re not able to get up, and you have to have wound care, and things like that. That’s professional care.

Katherine:         

For individuals who have no family to be able to take care of them, the insurance company would have to provide someone professionally to come in and tend to your needs. I’ve been involved in cases over the years where people had 24 hour, seven day a week attendant care. It’s not a nice topic to talk about, but what I thought was important, and I recently had someone show up at my office… And family members had been taking time off from work to assist this individual in daily living activities, cooking, meals, bathing, because this individual was unable to do that for themselves. However, under the statute that changed in 2003, we used to be able to go back and get these people compensation for missing time from work for providing attendant care. And there’s a lot of different nuances within attendant care, if you’re living with a person, you can’t just be compensated for things you would normally do within the course and scope of living together.

Katherine:       

But if you are missing time from work, you have to change your work schedule, you have to do things that you normally wouldn’t do to accommodate being able to take care of that person, you may be able to be compensated. However, under the law since 2003, we cannot go back and get you attendant care. So for purposes of this individual that came to my office, this had been going on five plus years and I can’t really do much for this person at this point for the back part.

Katherine:    

Now it will take them going to the doctor, getting a recommendation from the doctor written out. We have to identify the quality, the quantity, and exactly what must be provided and when it needs to be provided. And if we get that from the doctor going forward, that family member may be able to be compensated. And so that was something that I thought was really important to put out there.

Katherine:       

So many people just assume, “I can’t get paid for this. I’m helping my spouse. I’m helping my child. I’m helping my aunt, uncle,” whoever it may be, when in reality you can, but there’s a procedure and a process that in order to be able to get that done.

Host:      

One thing that stood out to me was right at the very beginning when you started talking. This is dealing with people who cannot do their daily care.

Katherine:   

Correct.

Host:  

We’re not talking about their job. We’re talking about those day to days.

Katherine:     

Correct. We’re talking about, it’s called ADLs, daily living activities. So everything from being able to put your clothes on, being able to bathe yourself.

Host:  

More than just work.

Katherine:      

Correct. This is, you can’t go to work. You’re probably on temporary total disability. You may be on permanent total disability or you may have restrictions that precludes you from being able to go back to work. That’s the kind of individual we’re talking about. Someone who, they can’t drive. Even though the employer can provide transportation to and from medical appointments, there are some individuals that just… They are unable to drive. They’re unable to cook for themselves. They’re unable to remember to take their medication. I basically compare it to someone… Think of your grandmother or someone who’s much older and they go into assisted living facilities because they can’t take care of themselves. So this is kind of what this is.

Host: 

I’m really glad we talked about this today because this could hit home for people watching. If this does hit home for you and you want to get more information to see how Katherine can help you, well, of course, you can give her a call or visit her website. There’s all the information you see on your screen.

INJURY FLORIDA LAW FIRM, P.A.

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