Home Care Aides and Illinois Workers’ Compensation Law

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In Illinois, more than 80,000 people have jobs as home care aides—a number that has more than doubled in the last 10 years. With an aging population and longer life expectancies, demand for these essential workers is only expected to increase.

Home care aides perform physically and emotionally demanding work. They provide services not only to the elderly, but also to individuals with disabilities or chronic health conditions. While the duties vary, nearly all involve a level of risk for workplace injuries.

Duties of Home Care Aides

According to the Illinois Department of Human Services, home care aides may be responsible for the following (and there is a potential for injury with all of these responsibilities):

• Personal Assistant Services: Helping with household tasks, personal care, and in some cases, limited health care procedures.
• Homemaker Services: Assisting with personal care, household management, and self-care instruction.
• Maintenance Home Health: Providing services under a physician’s plan of care, including nursing and therapy.
• Electronic Home Response Systems: Supporting emergency monitoring services for clients.
• Home-Delivered Meals: Preparing and delivering meals for individuals unable to cook.
• Adult Day Care: Providing direct care and supervision in a community setting.
• Assistive Equipment: Supplying or maintaining devices that help clients remain independent.
• Environmental Modifications: Making home adjustments for safety and mobility.
• Respite Services: Offering temporary care to relieve family members or caregivers.

Common Work Injuries for Home Care Aides

Home care aides face unique challenges compared to workers in traditional settings such as offices or factories. The most common one is back injuries from lifting or assisting clients. Slip and fall accidents on wet or cluttered floors are also common. Burns and cuts can happen when preparing and cooking meals. Physical assaults from confused or aggressive patients are also a common injury. Car accidents while driving clients or running errands for them occur regularly too.

Under the Illinois Workers’ Compensation Act, these injuries are all covered, regardless of whether the incident occurred in a private home, in a community setting, or while traveling for work. And if you travel from client to client, you have even more rights.

Steps to Protect Your Rights

Because home care aides often work alone, without witnesses to an incident, it is especially important to report the injury immediately. Notify your employer or agency as soon as possible. Putting something in writing (email or even a text) is preferable so that there is proof. Get medical treatment right away. Be specific when explaining how the injury occurred so the medical records reflect that it was work-related.

Workers’ compensation should cover all necessary medical treatment with no co-pays or out-of-pocket expenses. If your doctor takes you off work, you should also receive wage-loss benefits. For aides working multiple jobs, compensation may include lost income from all approved positions. Not having health insurance is irrelevant as work comp pays for all your related medical care.

Unfortunately, not all agencies handle workers’ compensation claims fairly. Denials and delays are common, even in cases where benefits are clearly owed. Having an experienced workers’ compensation attorney ensures that your rights are protected, your medical care is authorized, and your benefits are paid.

One of the greatest risks for home care aides is returning to physically demanding work before you are fully recovered. Injuries such as shoulder tears or herniated discs can worsen without the proper recovery time. Some employers may pressure workers to return early, creating additional stress. A good workers comp attorney knows how to handle these situations and will make sure your interests (not your employer’s) are put first.