Can Caregivers Receive Workers’ Compensation in Tennessee?

Older Tennessee residents and anyone with a disability may need help from private or family caregivers during their lifetime. Caregivers help with many different functions that can cause injuries. Some of these functions include lifting and moving patients, performing household chores such as cleaning, cooking, bathing patients, tending to their medical needs, and other daily functions. When caregivers suffer injuries due to their work, they may be entitled to workers’ compensation benefits, depending on their employment status and other factors.

In Tennessee, employers must carry workers’ compensation insurance (or qualify as a self-insurer) if they have five or more employees. Professional caregiving companies generally meet this requirement. When the person who needs help hires a relative, normally, the person in need only has one worker – and, thus, does not need to carry workers’ compensation insurance.

The employee versus independent contractor test

Generally, only employees can file a workers’ compensation claim against their employer. Independent contractors can file personal injury claims. The reverse side is that generally, employees cannot file a personal injury claim against their employer, while independent contractors cannot file a workers’ compensation claim against their employer. There is no requirement to prove fault in a workers’ compensation claim, while contractors must prove fault (such as that the employer failed to comply with any federal or state safety laws).

Whether a worker is an employee or an independent contractor primarily depends on whether the employer controls the workplace performance of the injured worker. Tennessee uses the following seven-point test to determine a worker’s job status:

1. The right to control workplace conduct. This right includes what tasks the caregiver performs and how the caregiver performs those tasks.
2. The right to fire a worker. Generally, employers must have cause to fire an employee. Employers can fire an independent contractor for virtually any reason.
3. The method of payment. If the employer provides a caregiver with a W-2 and pays part of their FICA and Medicare requirements, that suggests that the caregiver is an employee. If the employer gives the caregiver a 1099 and the caregiver pays all of their FICA and Medicare payments, that suggests that the caregiver is an independent contractor.
4. The freedom to choose and hire helpers. Generally, a caregiver is likely to be considered as an independent contractor if they can choose who helps them perform their tasks. If the employer makes all the hiring decisions, the caregiver is likely to be considered as an employee.
5. The selection of tools and equipment. If employers choose what tools such as cooking tools a caregiver uses, that worker is more likely to have an employee classification.
6. The workers’ schedule. Independent contractors generally decide what hours and days they will work. Employers tell employees when and how often caregivers must show up for work – and at which residences.
7. The right to work for other employers. Generally, employees only work for one employer or they must ask for permission to work for another employer. Independent contractors can work for multiple employers.

Please speak with our experienced Chattanooga workers’ compensation lawyers. You may be an employee even though your employer says you are an independent contractor.

What workers’ compensation can caregivers receive in Chattanooga, Tennessee?

Caregivers who qualify as employees can receive the following benefits if they suffer an injury during the scope of their employment or if they suffer an occupational illness:

• Medical bills. Your employer’s insurance company should pay for all your medical bills while you seek to improve your health and all your medical expenses to stabilize your health (for your lifetime). These bills include emergency care, hospitalizations, surgeries, physical therapy, occupational therapy, other types of rehabilitative therapy, medications, and assistive devices. Generally, injured/ill employees choose their doctor from a panel of doctors that their employer provides.
• Temporary disability benefits. Caregivers can receive temporary disability benefits while they are seeking medical care to maximize their recovery. Caregivers should receive benefits after one week. If their disability lasts for two or more weeks, caregivers should also receive temporary disability benefits for the first week they take off from work. Temporary disability benefits in Tennessee are generally two-thirds of your average weekly wages (before the injury/illness), up to certain caps/maximums.
  • Partial temporary disability benefits. Caregivers can also receive partial temporary disability benefits if they can return to work (usually with work duty restrictions) at less pay than their pre-injury wage level. In this case, there is an adjustment of the amount of temporary disability benefits.
• Permanent disability benefits. Once a caregiver’s health reaches the point of maximum medical improvement (MMI), the point when your doctors think that additional medical care will not improve your health, an evaluation is made to determine if a caregiver has a permanent disability (and the severity of that disability). Tennessee authorizes additional permanent disability benefits based on the type and severity of the permanent disability and other vocational factors. Caregivers may be eligible for full or partial permanent disability benefits, depending on whether they cannot/can return to work in some capacity.
• Death benefits. If a caregiver dies while working, spouses and dependents may be eligible for workers’ compensation death benefits. These benefits include the funeral and burial costs (up to a preset limit; currently $10,000) and some work benefits. The work benefits are generally two-thirds of the family member’s weekly wages up to certain maximums.

Employees do have a duty to promptly notify their employer of their injury or illness.

Independent contractors should consider purchasing their own workers’ compensation coverage.

Caregivers help the people who live in Tennessee stay in their homes instead of having to move to a long-term care facility. This valuable work comes with the risk that caregivers may suffer injuries while performing their jobs. At Wagner Workers Compensation & Personal Injury Lawyers, we can explain if you’re eligible for benefits and fight to obtain all the benefits you deserve.

Call us or fill out our contact form today to schedule a free consultation. We’re ready to fight for your future and those you care for. We represent employees in and around Chattanooga, Cleveland, and North Georgia.