Dislocation as a Home Health Aide: Can I Get Workers’ Compensation in NYC?

Understanding Your WC Rights: Obtaining Workers’ Comp for a Dislocation as a Home Health Aide, NYC Workers’ Compensation Lawyer Explains

One of the secretly most physically-demanding jobs in New York City is working as a home health aide. Unless you are a home health aide, a patient, or someone who hired help for a loved one, you may not realize the level of physical labor, lifting, carrying, pulling, and constant movement that is required of a home health aide. As a result of this heavy physical work, many home health aides suffer injuries on the job. One particularly devastating injury is a dislocation as a home health aide. This type of injury is not only extremely painful, but our NYC workers’ compensation lawyer knows that a dislocation as a home health aide can also result in months of recovery, permanent disability, and force an early retirement.

If you or a loved one were seriously injured in a work accident or have a work-related injury, call O’Connor Law to schedule a FREE consultation to learn how we can help you obtain workers’ compensation benefits for a dislocation as a home health aide. We have a proven track record of success handling medically-complicated WC claims, including for home health aides in New York City. Our compassionate and experienced team can handle your claim from giving notice to an employer all the way through gathering evidence, representing you at a hearing, and handling an appeal. Learn more about our services and how we can help you by calling our experienced NYC workers’ compensation lawyer by dialing toll-free at (914) 595-4502.

Workers’ Comp for Home Health Aides

Employees who suffer a work-related injury or illness may be entitled to workers’ compensation (WC) benefits to recover medical bills and up to two-thirds (2/3s) of wages. Other benefits may be available in certain circumstances. Homes health aides may be entitled to WC benefits for injuries occurring on or due to their employment, including a dislocation as a home health aide. New York law does not require applicants to establish liability or fault, only that the injury is work-related.

What is a Dislocation Injury?

A dislocation is an injury that occurs when the bones of a joint are forced out of place. This could be due to trauma, such as an impact in a fall, or from weakening muscles or tendons (including from injuries or wear) that can separate when pulling, carrying, lifting, or otherwise putting an excessive load on the joint. Dislocations can either be partial or full, both requiring treatment to properly put the joint back into place or ensure it has been put back into place.

Treatment for a dislocated joint may require nothing more than imaging and RICE (rest, ice, compression, and elevation) if the joint pops back into place itself. Or it could require life-saving surgery to put the joint back into place and repair damage to nerves or blood vessels running along the joint.

Common Types of Dislocations a Home Health Aide May Sustain at Work

Our NYC workers’ compensation lawyers know that a dislocation as a home health aide can occur in many different ways. There are also many different types of dislocations that could result in serious or permanent injuries, including injuries that force early retirement due to permanent disability.

Generally, any joint can be dislocated and allow for a WC claim. Some of the most commonly dislocated joints for home health aides include the following:

• Knee dislocations – this type of dislocation is often an emergency and can be caused by falling, or by carrying out duties such as lifting, carrying, or otherwise assisting a patient. Many knee dislocations require surgery.
• Shoulder dislocations – although the shoulder is very strong and mobile, lifting heavy weight and applying force on the joint can result in a shoulder dislocation. This is often an extremely painful dislocation and often results in months of disability or recovery, sometimes an early retirement because nearly every facet of a home health aide’s job requires arm or shoulder use.
• Ankle dislocations – a twist or misstep while carrying a patient, equipment, or other heavy loads can result in an ankle dislocation. This type of dislocation often requires surgery to repair damage done to the bones, ligaments, and tendons in the joint, which often tear.
• Hip dislocations – although not common, a hip dislocation is often career-ending for a home health aide. The hip joint usually does not return to its normal strength, and individuals who have had a hip dislocation will often be prone to another one—usually with a lower threshold before it can be injured.
• Elbow dislocations – another uncommon type of dislocation, an elbow dislocation is also one of the most painful because of the major nerves that go through the narrow joint. Even minor dislocations can result in extreme pain, and sometimes cause damage to nearby blood vessels.

Were You Diagnosed With a Dislocation as a Home Health Aide in NYC? We Can Help You Get WC Benefits

Although a dislocation is a traumatic injury that often occurs at work and while in the scope of employment, far too many WC adjusters will argue that pre-existing injuries or weaknesses already existed in the injured joint and caused the dislocation. Therefore, many WC carriers will take the position you should not get the full amount of compensation that you deserve.

We disagree. Our aggressive and experienced NYC workers’ compensation lawyers at O’Connor Law can help you recover the full extent of WC benefits that you may be entitled to after a dislocation as a home health aide. Learn how we can help you by scheduling a FREE consultation by dialing (914) 595-4502 or by sending us a private message through our “Contact Us” box available here.