Direct Care Workers Rights to Workers’ Compensation

Silverman, McDonald & Friedman represents injured workers throughout Delaware. If you sustained injuries while working, you may be eligible to file for workers’ compensation. Please contact us in Seaford, Wilmington, or Newark to schedule a consultation.

Direct care workers (such as home health aides) are generally defined as workers who help seniors and people with disabilities perform their daily living tasks such as eating, personal hygiene, and dressing. They also do housekeeping, help the senor or disable person keep medical and social engagements, and perform other functional tasks. They regularly check a person’s blood pressure, assist with mobility exercises, and help the seniors and disabled people take their medications.

According to the Paraprofessional Healthcare Institute (PHI), about four and half million people work as direct care workers. These include home health aides, nursing assistants, and personal care workers. These people work in private homes, assisted living facilities, nursing care facilities, hospitals, group homes, and other similar places.

PHI examined data from the Bureau of Labor Statistics to analyze the injuries that direct care workers suffer. The study found that injury rates for direct care workers are among the nation’s highest compared to other professions. Per their findings, “In 2016, the injury rate per 10,000 workers was 144 injuries among personal care aides, 116 among home health aides, and 337 among nursing assistants. By comparison, the overall injury rate across all occupations in the U.S. was 100 per 10,000 workers.”

Reasons direct care workers suffer injuries on the job

The PHI analysis stated that some of the problems that lead to direct care worker injuries include:

• Repetitive repositioning and lifting activities
• Inadequate staffing levels
• Working without peer support or any supervision
• Being assigned to handle patients more skilled direct care workers should handle
• Underreporting injuries. While this may seem brave, it helps everyone if the employer knows the full scope of the problem so they can help create solutions

Some of the solutions that can help are better training, better ergonomic techniques, proper lifting techniques, and violence prevention strategies.

Filing a work injury claim when you’re direct care worker

An initial issue when a direct care worker is injured helping someone is whether the worker is an employee. Generally, only employees can file workers’ compensation claims. Workers should check with an experienced Delaware work injury lawyer to review their work status. Often, employers will try to classify a worker as an independent contractor when they are indeed an employee

Direct care workers who qualify for workers’ compensation benefits are entitled to:

• Medical costs. Compensation for all reasonably necessary medical bills including surgeries, doctor appointments, physical therapy, medications, and medical devices.
• Temporary benefits. These are generally 2/3 of the direct care workers weekly wages during the time the employee is getting medical treatment so they can return to work.
• Partial disability benefits. Workers who can return to work only if the job is made less demanding may be entitled to 2/3 of the difference between their prior salary and any new lower salary. This payment is limited to 300 weeks.
• Permanent disability benefits. Some workers whose disability meets certain requirements may be entitled to additional benefits whether they can return to work or not.

If you were injured while helping someone else in need, you may have the right to file a work injury claim. At Silverman, McDonald & Friedman, our skilled Delaware workers’ compensation attorneys fight to show that you do qualify for benefits. We then demand that you are paid your full benefits. We also challenge any effort to force you back to work until you’re healed. To discuss your case, call us at 302-888-2900 or fill out our contact form  We have offices in Wilmington, Newark, or Seaford.