South Florida Personal Injury Lawyers Blog
Workers’ compensation laws in Florida provide injured employees with medical benefits, wage replacement, and necessary personal care when a work-related injury prevents them from performing daily tasks. However, disputes often arise when employers and insurance carriers challenge which services qualify for compensation. A recent Florida appellate ruling addressed whether a spouse’s care for an injured worker falls under attendant care benefits or constitutes routine household duties not covered under Florida law.
Court Overturns Attendant Care Award in Florida Workers’ Compensation Case
A Florida worker who suffered an injury filed for workers’ compensation benefits, including home modifications and attendant care services provided by a spouse. A judge awarded payment for 30 hours per week at the federal minimum wage, reasoning that certain tasks—such as carrying the injured worker upstairs and assisting with bathing—met the legal definition of attendant care under Florida law.
However, the employer and insurance carrier appealed the ruling, arguing that many services provided were household chores rather than compensable medical assistance. The appellate court agreed, vacating the attendant care compensation and ruling that the judge failed to specify which services qualified for reimbursement under Florida’s workers’ compensation laws.
Florida Law on Attendant Care Services
Under Florida Statutes Section 440.13(1)(b), employers must pay for nonprofessional attendant care when a workplace injury requires personal assistance. However, compensation cannot be awarded for routine household duties, even if the injured worker previously handled those responsibilities.
The spouse’s testimony revealed that most of the assistance provided included cooking, cleaning, childcare, laundry, and errands, which are not compensable under Florida law. However, tasks such as lifting and transporting the injured worker for medical purposes could qualify for attendant care benefits, provided they are clearly documented.
Why the Florida Court Reversed the Attendant Care Award
The appellate court determined that the original ruling failed to provide clear findings regarding which of the spouse’s tasks qualified as medical assistance and which fell under household duties. Florida law does not permit compensation for routine family care, making the lack of distinction in the ruling a legal issue. Without specific determinations on which services met the definition of attendant care under workers’ compensation law, the judge’s decision could not stand. The failure to clarify whether the compensable services were separate from everyday household responsibilities resulted in the appellate court vacating the award.
This case underscores significant challenges in Florida workers’ compensation cases, particularly when family members take on caregiving roles. Under Florida law, there is a strict division between medical or personal care—eligible for compensation—and household duties, which do not qualify for reimbursement under workers’ compensation. The appellate court’s ruling reinforced the importance of this legal distinction, emphasizing that failing to separate these categories violates Florida law and can result in denied or overturned claims. By reversing the lower court’s decision, the appellate court reaffirmed that compensation for attendant care must be documented appropriately and meet legal requirements, ensuring that only qualifying services are covered.
What This Means for Injured Workers Seeking Attendant Care
Florida workers injured on the job may qualify for attendant care benefits, but claims must be carefully structured to meet legal requirements. Compensation is only available for medically necessary services—not general household duties.
When family members provide care, they must document each service provided and distinguish between medical assistance and routine household responsibilities. Failure to do so may result in denied or overturned claims.
Speak with a Miami Workers’ Compensation Lawyer Today
If you were injured on the job and need assistance securing attendant care benefits, legal guidance can help you navigate Florida’s complex workers’ compensation system. Miami injury attorneys at Friedman Rodman Frank & Estrada, P.A. have been advocating for injured workers across South Florida since 1976. Contact the firm today to discuss your case and protect your rights.