Content reviewed by:
Alex Shulman
As a home health aide, you play a vital role in the lives of elderly and disabled New Yorkers. Each day, you provide essential care and support in patients’ homes, from administering medication to assisting with mobility. This work is essential yet often overlooked. It can also be somewhat informal, leaving workers uncertain about their rights.
If you were injured while working as a health aide, you may be entitled to workers’ compensation benefits. Our experienced home health aide workers’ compensation lawyers can ensure you know your legal rights. Let us help you navigate the complex landscape of workers’ compensation in New York. Call (212) 221-1000 or contact us online to schedule a free consultation.
Our Workers’ Compensation Attorneys Are Here To Help New York’s Home Health Aides
At Shulman & Hill, we proudly represent hard-working New Yorkers injured on the job. Unlike many firms, we handle both personal injury lawsuits and workers’ compensation claims so that you can get a full range of legal services at one location. Our multilingual legal team is here to serve all members of our community, whether counseling them in a free consultation or protecting their rights in court. With conveniently located offices in all five boroughs and Long Island, we make it easy for you to get the legal help you need.
Our attorneys have decades of combined experience representing injured workers in New York. During that time, we have been widely praised for our client service and commitment to excellence. Among other awards, we have been recognized as Top 10 Plaintiff’s Personal Injury Lawyers by Attorney and Practice Magazine and Top 40 Under 40 Trial Lawyers by The National Trial Lawyers Association.
Client Testimonials and Case Results
Nothing speaks louder than the glowing testimonials we regularly receive from our many satisfied clients. Our top-tier personal injury law firm has recovered over $1 Billion+ in high-value case results on their behalf, including $2.1 million for a home health aide who slipped on ice. We handle all types of injury cases, including workers’ compensation claims and personal injury lawsuits, meaning you can get all the legal help you need in one place.
“I recently worked with Shulman & Hill for my workers’ compensation case, and I’m beyond satisfied with the outcome. Throughout the entire process, they were not only professional but also compassionate, keeping me informed and answering all my questions. It was over a 2-year journey, but with their guidance, we successfully reached a settlement that I’m very happy with. It’s hard to know who to trust when it comes to legal matters, but I feel fortunate to have chosen Shulman & Hill.”
– N.A.
How Much Does It Cost To Hire Shulman & Hill?
We understand that money may be tight after a workplace injury. Fortunately, when you choose us, you don’t need to worry about out-of-pocket legal fees. Our fees are based on the amount of compensation we recover for you. If we don’t win your case, you owe us nothing. We also offer free consultations so that you can get started without financial risk.
Ways Our Lawyers Can Help With Your Workers’ Compensation Case
Our team has a strong track record of securing favorable case results for people facing a wide range of situations. Whether you have concerns about your immigration status, worry about the cost of medical treatment, or fear retaliation from your employer, we are here to listen to your story and guide you through the next steps.
While every health aide workers’ compensation claim is unique, cases normally involve some recurring steps. No matter the circumstances, we are ready to help. Our team will handle:
- Informing you of your rights in a free consultation.
- Investigating your incident, resulting injuries, and damages.
- Gathering all available evidence.
- Confirming whether you are eligible for workers’ compensation.
- Determining if someone other than your employer is liable for your injury.
- Pursuing the full and fair compensation you are entitled to.
- Filing your home care workers’ compensation claim or injury lawsuit.
- Negotiating with your employer’s insurance company.
- Representing you in workers’ compensation hearings or court.
Recovering Damages for Home Health Aides Throughout New York City
Home health aides often have ambiguous work arrangements, operating as “contingent workers” with part-time, irregular schedules. Because of this informality, they may be illegally misclassified as independent contractors, in an attempt by employers from having to provide workers’ compensation like most employers in New York.
Our attorneys have the skills and experience to navigate these complex situations and ensure you are not taken advantage of by your employer. In New York, workers’ compensation coverage is required for home health aides who are employees and domestic workers who work 40 hours a week or more for their employer. Anytime the employer requires the worker’s presence counts toward their 40 hours. Hours spent in the employer’s residence for sleeping and eating are also counted.
Our skilled attorneys can advocate for maximum compensation on your behalf. We will gather comprehensive documentation of your injury, employment, and medical treatment to build the strongest case possible. Workers’ compensation benefits include healthcare, wage replacement, and survivors’ benefits in the event of a fatal workplace injury.
What Is the Filing Deadline for a Home Health Aide Workers’ Compensation Claim?
Two key deadlines apply when filing a workers’ compensation claim as a home health aide in New York. First, you must notify your employer of your workplace injury within 30 days of being injured. Additionally, you have two years to file a workers’ compensation claim with the Workers’ Compensation Board. However, we recommend both notifying your employer and filing a claim as soon as possible.
If your employer carries workers’ compensation insurance, you are generally prohibited from suing them for a personal injury. However, you may be able to file a personal injury lawsuit against a third party if they contributed to your injuries. In most cases, you have three years to do so.
Missing any of these deadlines will likely result in your claim or lawsuit being dismissed. Our home health aide workers’ compensation lawyers are here to ensure that does not happen. We are ready to answer your questions and work diligently to protect your legal interests on the road toward compensation.
Common Home Health Aide Occupational Injuries
Being a home health aide can be physically and mentally demanding. While all jobs have some inherent risk, home health aides are particularly vulnerable to certain injuries and conditions. Below are the results of a 1,249-person study published in Occupational and Environmental Medicine (OEM), a peer-reviewed journal:
| Type of Injury | Number | Percent |
|---|---|---|
| Any work-related injury | 140 | 11.2 |
| Client handling injury | 24 | 1.9 |
| Slip, trip, fall outside home | 22 | 1.8 |
| Slip, trip, fall inside home | 16 | 1.3 |
| Traffic accident | 16 | 1.3 |
| Burn | 8 | 0.6 |
| All other work-related injuries | 14 | 1.1 |
| Any back pain | 420 | 33.6 |
| Back pain at least once per week | 249 | 19.9 |
| Back pain requiring medication | 285 | 22.8 |
| Pain considered work-related | 320 | 25.6 |
| At least one needlestick or other sharps injury | 23 | 1.8 |
| Type of Violence | Number | Percent |
|---|---|---|
| Any physical violence | 82 | 6.6 |
| Aggressive physical contact | 61 | 4.9 |
| Objects thrown | 28 | 2.2 |
| Sexual assault | 9 | 0.7 |
| Bitten or spit on | 17 | 1.4 |
| Bodily fluids thrown | 8 | 0.6 |
| Beaten or strangled | 2 | 0.2 |
| Any verbal violence | 235 | 18.8 |
| Yelled at | 186 | 14.9 |
| Made to feel bad about self | 106 | 8.5 |
| Racist language | 60 | 4.8 |
| Verbal threat of harm | 52 | 4.1 |
Source: Quinn M., et al. Occupational health of home care aides: results of the safe home care survey. Occupational and Environmental Medicine. 2016 April, 73(4):237-45.
Patient-Related Injuries
Patients contribute to nearly half of home health aides’ work-related injuries, often due to the physical demands of lifting, moving, and lowering patients. These overexertion injuries often affect the back, shoulders, hands, and wrists. A lack of patient-handling equipment contributes to many of these injuries since home health aides are forced to rely solely on their own strength to move patients, especially when working alone.
Compared to other healthcare support workers, home health aides also face a higher risk of patient violence while on the job, especially those who care for patients with mental health illnesses.
Slip and Falls
Slips, trips, and falls cause more than 20 percent of work-related injuries among home health aides. Patients’ homes are often cluttered, poorly lit, or not well-maintained. Hazards include wet floors, dangerous stairs, uneven ramps, and unsteady step ladders. These are particularly risky when home health aides transfer patients out of bed or from a wheelchair.
Motor Vehicle Accidents
Home health aides spend considerable time traveling between patient locations, increasing the risk of auto accidents. Common injuries sustained in car accidents include traumatic brain injuries (TBIs), spinal cord injuries (SCIs), broken bones, and whiplash.
What Home Health Aide Workers Should Do After a Workplace Accident
Your actions following a workplace accident are critical for securing workers’ compensation benefits and protecting your legal rights. If you are injured as a home health aide, be sure to:
- Seek prompt medical attention, even if your injuries do not seem serious. Choose a health care provider authorized by the Workers’ Compensation Board to treat injured workers.
- Document the scene by taking photos of visible injuries and hazards that may have contributed to the accident.
- Gather contact information from witnesses to the accident.
- Promptly notify your employer in writing about your injury.
- Schedule a free consultation with our home health aide workers’ compensation lawyers to learn about your rights and file a claim.
Further Reading
- Shulman & Hill – Accident and Injury Law Blog
- Can You Still Get Workers’ Compensation if You Go Back to Work?
- How Long Does Workers’ Comp Last in New York?
