The workers’ compensation program in America was designed to provide financial support to all employees that are injured while on the job. This is a legal requirement and, in almost every state, it is mandatory for employers to have insurance on each employee in the event that a workers’ compensation claim needs to be filed. There are some situations however in which an individual’s working status may influence his or her ability to receive these benefits. One such situation is those of home health care providers.
Home health care providers can sometimes work in stressful and somewhat dangerous places. The unpredictability and potential volatility of patients can lead to more claims than in certain other fields. Moreover, it is one of an uncommon number of professions that does not have the employee working in the base or office of the company, but rather requires the individual to work in another person’s home or facility. This can raise some questions about whether or not it is the responsibility of the company or the homeowner to provide compensation for any injuries that are sustained while on the job.
Most of the time, it will still fall upon the employing company, or that company’s insurance carrier, to provide workers’ compensation benefits. There are specific kinds of compensation insurance that does cover the rights of home health care providers and, more often than not, the employing company will have this. Under certain circumstances however, that company will try to refuse payment or benefits. This is not okay and, if it does happen to you, you can fight it through a workers’ compensation lawsuit.
If you need to pursue this route, we at the Franco Law Firm are here to fight for you, as we have for so many before. To learn more about the services that we offer and to schedule a free consultation with us today, please call (813) 872-0929.