If you are hurt at work and need help with cooking, dressing, bathing, taking medications or other essential activities of daily life, Florida’s workers’ compensation law allows for payments to those who provide aid and attendant care services.
However, your workers’ compensation adjuster may not advise you that it is possible to obtain professional aid and attendant care or receive payments to family members or friends who provide attendant care services. If you feel as though you, or a loved one, requires aid and attendant care benefits, contact one of our workers’ compensation attorneys today to find out how we can help you. We are committed to obtaining all of the benefits to which you are entitled under Florida’s workers’ compensation law.
These services are not limited to a spouse; any person can provide care and receive payment for their services under the law. However, family members can only receive up to 12 hours of pay per day. Family members include a spouse, father, mother, brother, sister, child, grandchild, father-in-law, mother-in-law, aunt or uncle. A stepchild or cousin is not included and would not be limited in the hours they can be paid.
Further limitations for family members include the hourly rate the workers’ compensation insurance company is required to pay. Effective October 1, 2003, the law states that if a family member is not employed the per-hour attendant care rate is equal to the federal minimum wage. If the family member quits their job to provide attendant care, the hourly rate is equal to the family member’s per hour value of the job they left (with some limitation). If the family member remains employed while providing attendant care, the per-hour value of that care is equal to the per-hour value of the attendant’s regular job not to exceed the hourly rate in the community. This means that the rate will be the prevailing market rate if the hourly rate they are paid from their job is high.
If you or a loved one have been hurt at work or suffered a workplace injury, call one of the experienced workers’ compensation attorneys at the Law Offices of Franks, Koenig & Neuwelt today. We have more than 50 years combined experience helping the injured. We can assist you in receiving the benefits you deserve, including aid and attendant care services and payments for your family.
Call us for a free and confidential consultation at (561) 616-3800 to speak with one of our live dedicated attorneys today.
Hurt at Work? We Can Help.