Can I get paid for taking care of my sister by workers’ comp in Georgia?

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Sometimes family caregivers can receive workers’ comp payments. Often, people with a spouse or family member who was seriously injured at work end up being a full time caregiver to them.  Even though these family member caregivers are performing these duties out of love and commitment, they may qualify to be paid for that work.

For example, our law practice had a very sad case in which the injured worker suffered severe brain trauma and was unable to take care of herself without assistance. So, her younger sister was kind enough to step into the role of a non-medical attendant caregiver during the day to make sure the injured worker could engage in activities of daily living.

How can a workers’ comp family caregiver get payments?

The attendant care needs to be medically necessary to effect a cure, provide relief, or restore the injured worker to suitable employment under O.C.G.A. 34-9-200(a) and be prescribed by the authorized treating physician in order for the workers’ compensation insurer to cover it. So if you find yourself in a situation where you require such care after an injury at work, or if you’re the person providing such care for a loved one’s injury at work, talk to the treating doctor about making this referral or prescription, so you can cover some of the costs your being out of work for several hours a day to care for your loved one! Too many folks do not know to utilize this section of the Georgia Workers’ Compensation Act and its interpreting case law, and I find many spouses or other family members and friends are providing these services by necessity without getting reimbursed for their time. Don’t let that be you!

How much are the workers’ comp payments for family caregivers?

The Medical Office Mgmt v. Hardee case offers us some guidance on this issue.  For hourly rates that non-medical attendant caregivers can get paid, see this link to the State Board of Workers’ Compensation medical fee schedule (specifically, this sheet). Currently, such caregivers–including family members–can get $10.91/hour for up to 12 hours a day for such care.

Get help from our Workers’ Compensation Lawyers

If you are the caregiver of a family member who was injured at work and you are not being compensated, you should consider filing a claim for compensation with the workers’ comp insurer as soon as possible. If you don’t have an experienced workers compensation attorney for your family member’s case, please feel free to contact us today to schedule your free consultation at 404-354-5432.



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