Workers’ Compensation Attorney For Nursing and Home Care Employees East Brunswick, New Jersey
In-home caregivers provide a vital and often unappreciated service that helps an enormous number of elderly, injured and disabled individuals to remain in the comfort of their homes while receiving the assistance they need to prevent causing a new injury or aggravating an existing injury. Nursing and other in-home care employees may be paid for these services, but it is important to remember that many in-home caregivers receive no payment for their important work.
When the need for care arises because your loved one was injured on the job, you may might not realize that you could be entitled to workers’ compensation benefits under New Jersey law even if you are the spouse, child or family member of the injured worker, and are providing the home care services free of charge. Along similar lines, if you are injured while working as a nursing or home care aide in someone else’s home, you may be entitled to workers’ compensation benefits for those injuries—after all, that home is your workplace.
Establishing your right to workers’ compensation benefits under New Jersey law if you are a nursing or home care employee can be a struggle, as these claims are frequently denied for a variety of reasons. At the law offices of Rudnick, Addonizio, Pappa & Casazza, our experienced workers’ compensation lawyers are here to help you fight for your fair right to workers’ compensation benefits whether you or someone you love was injured in the workplace.
Situations Where Unpaid Family Members Who Provide Nursing and Home Care May be Entitled to Workers’ Compensation Benefits in Edison, NJ
Our experienced New Jersey workers’ compensation lawyers are here to advocate for your right to workers’ compensation benefits based upon your work providing nursing or in-home care services even if you are providing those services free of charge to a loved one. Workers’ compensation may generally be available in these situations if:
- Your loved one was injured in the course of employment,
- Your loved one is receiving workers’ compensation benefits while you are providing home care services,
- The workers’ compensation board has determined that home health care is necessary for your loved one to perform the activities of daily living without causing further harm, which includes activities such as dressing, bathing, driving or moving within the home,
- Workers’ compensation insurance has not provided a home help aide or has delayed in sending one so that you perform the services yourself.
Workers’ Compensation Benefits for Paid Nursing and Home Help Employees in Middletown, New Jersey
New Jersey law generally requires all employers to carry workers’ compensation insurance. This means that you may be entitled to workers’ compensation benefits if you were injured in the course of employment in a private home as a:
- Nursing caregiver,
- Home health aide,
- Nanny, or
- Other in-home help employee.
You may be entitled to benefits regardless of whether you perform services as a nursing or home help employee on a part-time or full-time basis. How to obtain these benefits will depend upon the form of your work arrangement. For example, if you were employed by a placement agency, that agency is the entity responsible for maintaining workers’ compensation insurance.
Our Seasoned Workers’ Compensation Lawyers Fight for Nursing and Home Care Employees’ Rights in Woodbridge, NJ
Recovering the workers’ compensation benefits to which you may be entitled as a nursing or home care employee can be difficult, especially if you are an independent contractor and have no formal employer. Despite this, there are a number of avenues that we can pursue to make sure you receive the compensation you deserve depending upon the facts of your case. The person who engages your services as a caregiver may have purchased workers’ compensation insurance to provide compensation in the event you are injured.
However, if the person who engaged your services failed to do so, they may remain responsible for injuries that you sustained while working in their home in a number of circumstances. Depending upon how you sustained your injuries, our experienced lawyers can work to show that your injuries were caused by the property owner’s negligent maintenance of their property, or their failure to warn you of any hazardous conditions that caused your injury.
Schedule a Free Initial Consultation with Our Experienced Workers’ Compensation Lawyers to Discuss Your Potential Claim for Benefits in Hazlet, NJ
If you are a caregiver who provides nursing or other in-home health care and have been injured while at work, schedule an appointment to discuss your right to workers’ compensation benefits under New Jersey law today. Our experienced workers’ compensation lawyers can help you with your claims in Monmouth County, Middlesex County or Ocean County. Contact us today in our Hazlet or East Brunswick offices.
Frequently Asked Questions About Workers’ Compensation For Nursing and Home Care Employees
The level of compensation available will generally depend upon how in-home help aides are paid in your area. In other words, if you are taking time away from your current employment to provide around-the-clock care, you are not reimbursed for your lost wages—instead, you are compensated based on the wages that an in-home help aide would receive.
The answer to this question depends upon how long the need for in-home care continues. As long as your loved one continues to receive workers’ compensation medical benefits, and has an ongoing need for home help in order to perform basic activities of daily living without causing or aggravating injuries, you can continue to receive benefits for your services as an unpaid caregiver.