Who is Responsible for Injuries in In-Home Caregivers? | Scott Goodwin Law

Who is Responsible for Injuries in In-Home Caregivers?

by / Wednesday, 06 March 2024 / Published in Workplace Woes
Two nurses help a patient to stand up in a home.

Sometimes, people need dedicated healthcare support at home. Very often, people seek out in-home caregivers to assist with an elderly family member. But sometimes, younger adults may also need in-home care temporarily while they recover from surgery. Whether you’re in the position of trying to find an in-home caregiver for a loved one or for yourself, there’s a lot to think about during your search. But one thing people might forget to think about is who would be liable if the caregiver is injured while in your home or in your family member’s home.

Healthcare workers have a high risk of job-related injuries, whether they work in a hospital or help patients at home. For instance, since they often need to lift and move patients, there’s a risk of muscle sprains. But in-home caregivers have some unique safety risks. They could fall while trying to help patients up or down the stairs. In-home care also means that employers have less direct control over safety hazards in work environments like they would in a hospital or clinic. An individual who needs the assistance of an in-home caregiver, for example, may not be capable of doing things like clearing sidewalks of snow and ice, replacing burned out light bulbs in stairways, or removing other slip/trip hazards that may exist in their home.

Liability for Injuries in In-Home Caregivers

If an in-home caregiver is injured while working with you or a family member, liability largely depends on how the caregiver is employed: if they work for an agency or if they work independently. If a caregiver is employed by an agency and they get injured while working with a patient, they will be eligible for workers compensation benefits through their employer. Workers compensation benefits would help cover things like medical bills and wage loss the injured caregiver experiences while they recover. 

However, if the caregiver was working as an independent contractor when they were injured, they would not be eligible for workers compensation and could go after the homeowner for their medical bills and other related losses instead. While homeowners insurance policies might provide some coverage if someone is injured on your property, it’s important to contact the insurer before hiring an independent caregiver to find out what, exactly, your policy covers in this type of situation. You may need additional insurance coverage to protect yourself if you’re considering hiring an independent caregiver rather than going through an agency. 

Contact a Michigan Workplace Injury Lawyer

If you’ve been injured on the job, it’s very important to contact a workplace injury lawyer to make sure you get all of the compensation you need for medical bills, lost income, and other expenses like rehabilitation. At Scott Goodwin Law, you’ll be able to get help from a lawyer with experience in handling workers compensation claims in the State of Michigan. Contact us today to schedule a free consultation and find out how we can help you.


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