Caregiving is a wonderful profession, but it also comes with risks, especially injury risks. Picking up little ones, bathing elderly clients, or simply picking up around the house can also result in serious injuries, whether that is a fall or repetitive-use injury.
Whether you are a postpartum nanny or a home health aide, you may have the right to workers' compensation, a type of insurance that will cover your medical bills and time off work while you heal. Companies are often required to provide this, and some states also require home employers to provide workers' comp.
As workers' comp laws vary throughout the country, this article offers general guidance but should not be considered a replacement for legal advice. If you're not sure whether you are eligible for workers' comp, you may want to review your state’s rules or speak with a licensed workers’ compensation attorney to better understand your options.
How Often Do Caregivers Get Injured?
Unfortunately, home caregivers are at a high risk of injury due to the unpredictable nature of their work environment and the physical requirements of their jobs. Caregivers are exposed to things like cluttered homes, cleaning chemicals, aggressive pets, and communicable diseases from their patients.
Caregiving is also a very physical job, as workers must bend, lift, stretch, and carry items all day long. Whether they are helping to transfer a patient from a wheelchair to a bed, or carrying a fussy baby through the home, caregivers are vulnerable to overuse injuries, falls, sprains, infections, and even violence from pets or clients.
A 2023 study published in the Journal of Occupational and Environmental Medicine surveyed 117,000 home care workers treated in emergency departments around the country. They found that 93% of the home care workers were female, and 52% of them were treated for overuse or bodily reaction injuries. Another 15% of injuries were from violence by pets or people, while fall injuries accounted for 15%.
Home Health Companies Are Often Required to Provide Workers' Comp
Home healthcare companies are typically required to provide workers' compensation if they employ more than one person. However, given the wide range of different workers' comp requirements nationwide, the requirements may vary in your area.
Those working independently, such as through an LLC, can opt in to workers' comp insurance. Most states do not legally require you to do so, but it can provide valuable support if you're injured on the job.
Eligibility and coverage rules vary by state, but generally you can claim workers’ compensation if the injury occurred while performing work-related duties. It is a no-fault system, so you can't be denied even if the injury was your fault.
Those working for caregiving platforms are not directly employed by the platform but by the family or individual, meaning that workers' comp availability depends on state law. In these cases, the laws vary significantly by state. Some do not require families to have workers' comp insurance, while others do.
State Laws Around Workers' Comp
Some states have recognized that domestic workers, such as nannies and au pairs, do not have the same legal protections as workers hired by companies, and have passed laws to provide additional protections for these workers.
For example, Illinois passed the Domestic Workers Bill of Rights Act, which requires household employers to provide workers' compensation insurance to any worker who works at least 8 hours a week and is not related to the employer. Other states have also passed similar legislation to ensure that domestic workers are protected if they are injured on the job.
However, state laws vary significantly, making it essential to double-check the statutes in your state. If you’re unsure whether you qualify, speaking with a licensed workers’ compensation attorney in your state (e.g., Illinois workers compensation lawyer) can help you better understand your options.
How to Secure Workers' Comp
Getting injured at work is stressful, and you may feel overwhelmed by what happened. However, quick action can ensure that you get the time you need to recover, and then you can return to caring for your clients. Follow these steps as soon as possible.
Go to the Hospital: Going to the hospital ensures that you do not have severe injuries, and it also provides proof that you were injured due to your job.
Inform Your Employer: Your employer will need to submit a claim to the workers' comp insurance company for you, and your claim may be denied if you don't report the injury in time. Let your employer know as soon as possible. They may ask you to complete an incident report.
Get Legal Guidance (if needed): A licensed workers’ compensation attorney can help explain your state’s rules and walk you through the claims process if questions or issues arise. For example, an attoney will ensure that you are covered by the Domestic Workers Bill of Rights Act and check that your employer has an active workers' comp policy.
Document Your Time Off Work and Medical Bills: Keep track of your time off work and collect all your medical records so that you can submit them for your claim.
Continue Your Treatment: Your claim could be denied if you don't follow your doctor's orders, so be sure to attend all your follow-up appointments and do any exercises prescribed by your doctor.
No one wants to be hurt at work, especially caregivers who truly love supporting their clients. However, workers' compensation insurance may be able to help you so that you can get back to helping others. Consult with an attorney to see if you are covered by your state's workers' comp laws.
This article includes general information reviewed by Jonathan Rosenfeld, a licensed workers’ compensation attorney in Illinois. This content is for educational purposes only and does not constitute legal advice.
