Los Angeles, CA asked in Workers' Compensation for California

Q: Work comp finally agreed to pay for caregiver. My son who is a cg for other people has been mine what says law?

I told my son I would pay him whatever law requires and whatever they pay me. How much does workers comp owe by law? He has been my caregiver for past seven months.

I got approved for 24/7 care

I had a quadruple fracture as well as torn ligament. Still unable to walk. Also fell on back and head on same day on same slippery stones

They took forever to approve this along many other services.

Yes. Have not hired attorney yet. Was in beginning trying to hire one but they seem all have to have an answering service with many questions before being able to talk to lawyers so I was not capable of such an ordeal so I gave up on reaching one. And now I enjoy being able to deal with matters directly. Might bore one when closer to settlement stage. Have one in mind but not yet sure

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3 Lawyer Answers
Gary Alan Jackson
Gary Alan Jackson
Answered
  • Workers' Compensation Lawyer
  • Huntington Beach, CA
  • Licensed in California

A: Generally work comp pays the going rate for a care giver. your doctor has to define the exact hours and days needed and for how long. it sounds like you have a significant injury case and you are representing yourself?

Ronald Mahurin
Ronald Mahurin
Answered
  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: You need to be careful here. The law says if your son is already being paid for providing care giving services before they were authorized, then the carrier is not required to pay him to continue what he was already doing. The carrier has the option, so you might want to look into other options just in case.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, if workers' compensation approves 24/7 home health care, the rates paid to caregivers are usually based on the prevailing hourly wage for home health aides in the specific geographic area. The actual amount owed will depend on the details of the workers' compensation policy, any stipulations they've included, and the standard wage rate in your region. If your son has been providing this care for the past seven months, you should calculate the total hours he has served and multiply that by the prevailing wage to determine a rough estimate of what may be owed. It's essential to maintain accurate records of the care provided and hours worked. Even if you prefer to deal with matters directly now, considering legal representation at some point might be beneficial, especially when negotiating settlements or ensuring you receive all benefits entitled to you. Navigating workers' compensation can be complex, and having legal counsel can help protect your interests.

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