Some work injuries are so severe, that even after receiving medical treatment or hospitalization, you are still not able to live at home without some help. The range of services needed at home is large, and can include everything from housekeeping help to specialized nursing care. Illinois Workers’ Compensation law allows for some of these expenses to be reimbursed, however it is a much more difficult argument to make when it is a spouse providing those services.
More leniency is allowed for compensating home health care services when someone other than a spouse is involved. A husband or wife is the logical person to help, and is likely who you would be most comfortable with. However, benefits are generally not allowed to be paid for a spouse’s care, unless the services being provided are more specialized than what can be considered “housekeeping services.”
The reasoning is that spouses “obligate” themselves to help one another in times of sickness and health, so essentially they are just doing what they are otherwise bound to do, and should not receive workers’ compensation benefits for it. Some examples of tasks that have typically been considered noncompensable household duties are: shopping, preparing meals, cleaning, and laundry. Spouses are performing these services for each other, because of their relationship.
On the other hand, if the services are more nursing in nature, then they are more likely to be compensable. Some of those tasks would typically include bathing and other bathroom and sanitary functions, administering of medication and treatments, pain relief, and therapies. Where the nature of the injury itself requires certain specific care protocol, it is more likely to be considered compensable services and not “ordinary” home care.
Even where compensation is allowed for the spouse for home health care, the amount of the pay varies. It can largely depend on the skill and training the spouse has, and whether he or she is licensed in the particular area, such as a nurse, therapist, or dietician. If the spouse has specialized training and is performing services in line with that training, the pay will likely be what that profession would pay for any other job.
When a work injury has left you unable to care for yourself at home without help, workers’ compensation law can provide benefits for that help. Who is performing the services, and what the duties are will tell the rest of the story.
We are workers’ compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.