Content reviewed by:
Alex Shulman
Home health aides spend their days caring for others. The work is rewarding, but it can also be physically demanding and dangerous. When an injury happens on the job, it can affect your health, your income, and your ability to continue working.
If you were hurt while working as a caregiver, a workers’ compensation lawyer in Ramapo from Shulman & Hill will help you pursue available benefits. Our firm has recovered more than $1 billion for clients and helped more than 26,000 New Yorkers.
A home health aide injury lawyer in Ramapo from our team will help you take on insurance companies that may try to minimize your claim. Our attorneys bring over 200 years of combined experience to workers’ compensation and personal injury cases. New York, We Got You. Call us for a free consultation today.
Our Ramapo Home Health Aide Injury Attorney Will Lead Your Claim
Home health aide injury cases often involve more than a simple workers’ compensation claim. Some accidents also involve negligent property owners, drivers, dog owners, or equipment manufacturers.
Our legal team investigates every possible source of recovery. We gather evidence, obtain medical records, communicate with insurance companies, and handle disputes over benefits or liability.
A Ramapo personal injury lawyer from Shulman & Hill can help by:
- Investigating how the injury happened.
- Filing workers’ compensation claims.
- Appealing denied claims.
- Gathering evidence and witness statements.
- Identifying all liable third parties.
- Negotiating with insurance companies.
- Pursuing personal injury lawsuits when appropriate.
- Calculating current and future damages.
- Representing clients at hearings and legal proceedings.
Home health aides work for multiple agencies or hold more than one job. Our Ramapo home health aide injury attorneys review all sources of income to help ensure wage-loss benefits are calculated properly.
Injured workers may be entitled to more than they realize. We review every case carefully to determine all available options.
Common Home Health Aide Accidents and Injuries in Ramapo
Home health aides work in different homes every day. Unlike hospitals or medical facilities, private homes may contain hazards that increase the risk of injury.
Common accidents include:
- Patient lifting and transfer accidents
- Slip and fall accidents
- Falls on icy walkways or stairs
- Dog attacks
- Motor vehicle accidents between client visits
- Needlestick injuries
- Injuries involving defective medical equipment
- Repetitive stress injuries
These incidents can cause serious injuries such as:
- Back injuries
- Neck injuries
- Shoulder injuries
- Herniated discs
- Knee injuries
- Fractures
- Head injuries
- Traumatic brain injuries
- Spinal cord injuries
- Lacerations
- Occupational illnesses
Some injuries require surgery, rehabilitation, or long-term medical care. Others prevent a person from returning to the work they performed before the accident.
Liability and Insurance Issues in Home Health Aide Injury Cases
Determining who is responsible for a home health aide injury is not always simple. Workers injured while performing their job duties may qualify for workers’ compensation benefits regardless of who caused the accident. These benefits can cover medical treatment and a portion of lost wages.
Some home health aides are classified as independent contractors and assume they are not eligible for workers’ compensation benefits. In New York, a job title or tax form does not always determine eligibility. If an agency controls assignments, schedules, pay, or other aspects of the work, an injured aide may still qualify for workers’ compensation benefits.
Workers’ Compensation Coverage Is Not Always Straightforward
Home health aides often travel between patient homes during the workday. Depending on the circumstances, injuries that occur while traveling between scheduled assignments may also qualify for workers’ compensation benefits.
Workers’ compensation deadlines may apply. In New York, injured workers generally must notify their employer within 30 days of the injury and typically have up to two years to file a workers’ compensation claim.
Some Injury Cases Involve Third-Party Claims
Some accidents also involve third parties that may be legally responsible.
Potentially liable parties may include:
- Property owners
- Landlords
- Dog owners
- Drivers who cause vehicle crashes
- Medical equipment manufacturers
- Maintenance companies
- Contractors working at a property
- Homeowners
- Outside caregivers or service providers
A separate personal injury claim may allow an injured worker to seek damages that workers’ compensation does not provide.
Common Challenges in Home Health Aide Injury Cases
Home health aide injury claims often happen inside private homes where there may be no witnesses. Insurance companies may argue that an injury happened somewhere else, was caused by a pre-existing condition, or is less serious than medical records show.
Some cases also involve disputes over worker classification or multiple insurance policies. Shulman & Hill investigates the circumstances of the injury, gathers supporting evidence, and identifies all available sources of recovery.
Our Ramapo home health aide injury lawyers help clients take on insurance companies that may try to reduce, delay, or deny valid claims. Insurance companies often look for ways to reduce or deny claims. Shulman & Hill handles communications with insurers, gathers supporting evidence, and works to protect clients from tactics that could affect their recovery.
Damages Available After a Home Health Aide Injury
The damages available depend on the type of claim involved.
Workers’ compensation benefits may provide:
- Medical treatment
- Physical therapy
- Prescription medications
- Wage replacement benefits
- Permanent disability benefits
- Death benefits for surviving family members
A third-party personal injury claim may allow recovery of additional damages, including:
- Medical expenses
- Future medical costs
- Lost income
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability
- Loss of enjoyment of life
A serious injury can affect someone for years. Our Ramapo catastrophic injury lawyer helps clients pursue damages that account for future medical treatment, lost earning ability, and other long-term consequences.
Wrongful Death Claims After a Fatal Home Health Aide Accident
If your loved one lost their life while working as a home health aide, we are very sorry for your loss. Your family may be facing emotional pain, financial uncertainty, and many unanswered questions.
New York law allows certain surviving family members to pursue a wrongful death claim. In most cases, the lawsuit must be filed within two years of the person’s death. A Ramapo wrongful death lawyer from our firm can investigate the accident, identify responsible parties, gather evidence, and pursue damages on behalf of surviving family members.
Depending on the circumstances, damages may include:
- Funeral and burial expenses
- Medical expenses related to the final injury
- Lost financial support
- Loss of services provided by the deceased
- Other damages permitted under New York law
Our team approaches these cases with compassion and care while aggressively pursuing accountability from negligent parties. For a review of your legal options, call us for a free consultation. We are here to help when you are ready.
Time Limits for Filing a Home Health Aide Injury Lawsuit
Injury cases come with strict deadlines that may affect your case. Personal injury lawsuits are generally governed by NY CPLR § 214(5), which typically provides three years from the date of the injury to file suit.
Wrongful death lawsuits are generally governed by NY EPT § 5-4.1, which typically provides two years from the date of death. Missing a deadline can affect your ability to recover benefits or damages, so it is important to review your situation as soon as possible.
Get Help From Our Home Health Aide Injury Lawyer in Ramapo
Home health aides perform important work throughout Ramapo, often putting the needs of others before their own. When a workplace injury affects your health, income, or future, you deserve clear guidance about your legal options.
Shulman & Hill helps injured workers pursue workers’ compensation benefits and personal injury damages when another party contributed to the accident. Our team investigates claims, handles insurance companies, and works to identify every available source of recovery.
Every Borough, Every Block, New York, We Got You. Call us for a free consultation to learn how we can help.