Can my spouse get paid as an attendant care provider under Georgia workers’ compensation law?

Attendant care services may be available through workers’ comp in Georgia when a workplace accident results in injuries that cause the worker to be unable to care for themselves at home.

What are attendant care services?

Attendant care helps the injured or disabled worker perform day-to-day tasks that they would normally perform for themselves. A few examples might include cleaning, bathing, laundry and cooking. It may also include teaching the injured or disabled worker how to perform these tasks independently.

How do I know if I qualify for attendant care services through workers’ comp?

The attendant care services need 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 your authorized treating physician in order for the workers’ compensation insurer to cover it. So if you’re in a situation where you require attendant care after an injury at work, or if you’re providing attendant care for a loved one who was injured at work, talk to the treating doctor about making this referral or prescription.

Can my spouse be paid as a caregiver through workers’ comp?

Often, people with a spouse or family member who was seriously injured at work end up being a caregiver to them. Even though they may be performing these duties out of love and commitment, they may qualify to be paid for that work. This was reaffirmed in the Medical Office Management, et al v. Hardee case.  The attendant care needs to be medically necessary to effect a cure, provide relief, or restore the injured worker to suitable employment. 

How much are workers’ comp payments for family caregivers?

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 your spouse, or other family member, is your caregiver after you were injured at work and they are not being compensated, you should consider filing a claim for compensation with the workers’ comp insurer as soon as possible. If the workers’ compensation adjuster is denying such an arrangement, feel free to contact us today for guidance at 404-354-5432.

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