If you are an adjuster handling attendant care issues in a workers’ compensation claim, you know it can be a challenge to determine the rate of pay for an attendant care provider. The appropriate compensation rate for the attendant care is often disputed by the parties. Here are some tips for determining the appropriate rate of pay:
- The compensation rates in these cases are often based on the prevailing market rates for professional skilled and unskilled care providers in the plaintiff’s geographic location. Courts place great weight on evidence presented of prevailing market rates. This information is often presented by case workers, registered nurses, certified life care planners and attendant care providers.
- Also, you can consider reaching out to home health providers in the claimant’s area to determine the prevailing market rates.
- While the compensation rate awarded to skilled or unskilled caregivers is often based on the prevailing market rate for professional care, it can be adjusted based on a variety of factors including: (1) level of skill or special training, (2) the nature of care, (3) the amount of care needed, and (4) the income opportunities foregone by the caregiver.
Ultimately, your attorney can work with you to figure out an appropriate pay rate for an attendant care provider. He or she can look at the Commission’s website and examine past attendant care decisions to more accurately estimate the rate of pay in your claim. If you have questions, you can reach me at 704-940-3442 or email@example.com.