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Catastrophic Injuries & Home Care

The Law Offices of Jonathan M. Brand Sept. 24, 2018

Catastrophic work injuries can be debilitating, and the treatment needed to recover from these injuries can be complex. Examples of catastrophic injuries include:

  • Head or brain injuries

  • Back, neck, and spinal cord injuries

  • Loss of vision in both eyes

  • Paraplegia or quadriplegia

  • Severe burns

  • Multiple amputations

These types of injuries are life altering for both the injured worker and their family. If you or a loved one have suffered a major injury at work, it is important to have a clear treatment and home care plan that will allow you to move toward functional independence. Because most workers with catastrophic injuries are unable to return to their jobs, home care becomes a very important factor in their daily life.

Many times, family members are used to provide home care services to the injured worker. In fact, it is not uncommon for the spouse of an injured worker to serve as the home health care provider. This is often a preferable option because it is more economically feasible than paying for an assisted living facility.

Can I Be Reimbursed for
Home Health Care Services?

Under Senate Bill 863, an injured worker’s primary treating physician must write a prescription for home health care services. The employer of the injured worker is not liable for any services that are provided more than 14 days prior to the date of the employer’s receipt of the prescription. In addition to requiring a prescription, home care services must be reasonable and necessary to cure or relieve the symptoms of the injury.

It is also important to note that Labor Code Section 5307.8 states that only services that were not provided to the injured worker before they suffered an injury are eligible for reimbursement. For example, if a husband prepared all of his wife’s meals before she was injured, he would not be eligible for reimbursement for preparing her meals after the injury.

Providers of home health care services are required to submit the following things with their request for reimbursement:

  • An itemized list of the services provided

  • The charge for each service

  • The prescription or referral from the primary treating physician

  • Any authorization for the services that may have been received

Get Help From Our Workers’ Comp Lawyers

At Brand Peters PC, we are dedicated to helping injured workers secure the compensation that they deserve for their catastrophic injuries. Our lawyers can ensure you get the treatment you need and that any home health care services are properly reimbursed in a timely fashion. We will work with you, your family members, and medical providers to make sure your case is successfully resolved.

Contact our Walnut Creek catastrophic injury lawyers to set up your free case consultation today.