New York Workers' Compensation for Home Health Aides

NY Workers' Compensation for Home Health Aides

Work-Related Injuries Experienced by Home Health Aides

The majority of people receiving home health care in the United States are over the age of 65. The U.S. Census Bureau projects that the number of Americans over 65 will increase from 54 million to 95 million by the year 2060. With our aging population growing, the role of home health aides will likely become both more common, and more important as each year passes. 

Home health aides provide vital, basic medical and non-medical services for our aging population, people with chronic health conditions, and people with disabilities that require help with their activities of daily living. Home health aides have many roles, including helping with personal care, house keeping, transportation, meal preparation, basic medical services such as checking vital signs, monitoring physical and mental health, as well as offering simple companionship. Chances are, you or a loved one, friend or family member may enlist the services of a home health aide, or may even work as a home health aide providing the services above.

Unfortunately, home health aides sustain injuries at a higher rate when compared with other occupations as they are exposed to numerous conditions while caring for clients in their own homes. These conditions can include, traveling to the client's home, difficult/unsafe ingress and egress depending on the weather conditions, violence from another person in the client's home, animal attacks, and most commonly, injuries caused by lifting or repositioning clients.

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Challenges Faced by Injured Home Health Aides Who File for Workers' Compensation

Many times we see insurance companies in New York deny claims for home health aides stating that the injury was not witnessed, or that the injury did not occur "in the scope of employment" even though the law allows for a presumption of compensability for unwitnessed accidents. There are also often times issues with regard to notice and whether the injured worker timely and properly reported the injury to the employer as there is not typically a supervisor readily available on site.

How a Workers' Compensation Lawyer Can Help

If you are a home health aide in New York and you have been injured while caring for your client, you may be able to file a workers' compensation claim. The workers' compensation attorneys at MCV Law are very familiar with the challenges that home health aides face when they are injured at work and strive to afford them the same compassion, empathy, and dedication that home health aides provide to their clients. 

"Very happy with MCV Law. Christopher Stringham and Valerie Swieck have helped me with several injuries over the years and won every case. They are pleasant to work with and explain everything. I recommend them to anyone needing help with Workers' Comp. I am very happy I went with them."

-Jim T., a satisfied MCV Law client

“I recently had the pleasure of working with MCV Law, and I couldn't be more pleased with their exceptional service. From the very start, their team demonstrated a genuine concern and commitment to my case. Communication was clear and timely, and I felt well-informed and supported throughout the entire process. I highly recommend them for anyone in need of legal representation.”

-Nicholas W., a satisfied MCV Law client

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