Nurses and other caregivers who work in patients’ homes may find themselves in an odd situation: their injuries happened while working, but not at an office or other traditional workplace. These workers are still often entitled to Workers’ Comp claims, and filing should be done with the help of a lawyer.
When you are injured in the course of your work, you can file a Workers’ Compensation claim as long as you are an “employee.” The place you were when the accident happened doesn’t matter as much as the fact that the injury was related to your work. To file, get immediate medical care and notify your employer of your injury. If they deny your claim, you can file a Claim Petition with the state.
For help with your case, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945 today.
Requirements for Filing a Workers’ Comp Claim for Home Care Workers
Workers’ Comp claims can be filed if all of these conditions are met:
You Are an Employee
Workers can be divided into two major categories:
- Employees, who work under their employer’s direction and control and for their employer’s benefit
- Independent contractors, who are self-employed but perform work under a contract to deliver a product or service to a client.
Employees can file Worker’s Comp claims, but independent contractors cannot. Home care nurses and other workers are sometimes hired as employees and sometimes hired as contractors, so it will be up to how your employer classifies you and the facts of the case to determine which category you fall into.
Your Injury was Work-Related
An injury is considered “work-related” in two ways:
- It happens because of conditions at your workplace, which can include any location you are required to be for work, not just an office or hospital.
- It happens in the course of performing your work duties.
That means an injury could be covered in any of these situations:
- You slip and fall at a patient’s house.
- You pull something in your back while lifting or moving a patient.
- A patient hits or strikes you.
Your Injury is Disabling
You can get medical care covered as long as the other two conditions are met, but you can also get wage-loss benefits through Workers’ Comp if the injury keeps you from working for at least 7 days. Every day after that is covered, and if you get up to 14 days of disability, the first 7 days are covered as well.
How to File Your Claim
Cases start with a claim directly to your employer, then move on to a claim with the state.
Initial Claim
To file, you must notify your employer of the injury within 21 days of the accident, though you can still remain eligible if you file within 120 days. From there, they file the claim with their insurance carrier. They must let you know within 21 days of your notice whether they accept or deny the claim.
If they accept now, they can start paying you. If they deny you, we can move on to a Claim Petition.
Claim with the State
Claims with the state are filed as a “Claim Petition” through the Workers’ Comp Office of Adjudication (WCOA). You should file a Petition with help from our Pennsylvania Workers’ Comp lawyers to make sure it has all of the required information about
- How the accident happened
- What injuries and disabilities you sustained
- How it affects your work
- What work you were doing
- What work you can do now
- Whether you suffered any permanent injuries that could qualify for additional benefits.
From there, the WCOA assigns the case to a Workers’ Comp Judge (WCJ) to hear the case.
FAQs for Filing a Workers’ Comp Claim as a Home Health Care Worker in Pennsylvania
Who Counts as My “Employer”?
Home care can be complex when it comes to who your actual employer is. You can usually tell based on who is actually signing your paychecks, but it can fall into these categories:
- A home health company that sends you to the patients’ houses
- A hospital network that assigns you to homes directly
- A third-party staffing agency hired by a larger health network to send you to patients’ homes
- The patient.
As long as any of these companies or corporations hire you as an employee, you can file a claim with them. If you are hired directly by the patient, then you might not be covered by Workers’ Comp, but you could be entitled to make claims against their homeowners or renters’ insurance.
If you work in an assisted living facility or nursing home and are injured because of conditions there, you may be able to sue the facility regardless of who you were working for.
Can I Sue for Injuries as a Home Care Worker?
Home care workers are often in a position where they can file outside lawsuits for their work injuries. If your injury was caused by conditions at the home where you work, you may have a case against the homeowner or the homeowners insurance for injuries on their property.
You may also sue companies that manufactured defective equipment, like lifts, wheelchairs, or even PPE that either causes an injury or fails to prevent injuries it is rated to protect you against.
You cannot, however, sue your employer for work-related injuries.
How Much is My Claim Worth?
Your claim can include compensation for all medical care, 2/3 of your lost wages (with caps and floors and special rules for partial work), as well as 2/3 of your lost wage (again, with caps and floors) for a certain number of weeks for certain permanent injuries.
You cannot, however, get damages for pain and suffering. You can instead get these through a lawsuit, which is why many claims involve both an injury lawsuit and a Workers’ Comp claim.
Call Our Workers’ Comp Lawyers in Pennsylvania Today
For help filing your claim, call Cardamone Law’s Philadelphia Workers’ Compensation lawyers at (267) 651-7945 today.
