Sometimes an injury may interfere with your ability to carry out your usual activities at home such as housework, laundry, gardening and home maintenance.
If you carried out these activities pre-injury, you may be eligible to claim "domestic assistance".
How do I make a claim?
First, your doctor will need to certify, on the basis of functional assessment, that it is reasonably necessary for the assistance to be provided and he need for the assistance is the direct result of the injury.
Once that is forwarded to the insurer, they have 21 days to establish a care plan with you and your medical practitioner and pay compensation.
What will the care plan cover?
The care plan will set out:
the tasks it covers
the name of the care provider
the number of hours and frequency of assistance
the start and end dates for which assistance is approved
the cost or rate payable for the assistance and the total costs for the duration of the service
the need for the domestic assistance recommended and how this relates to your injury
How long does the assistance go for?
If you are assessed with 15% whole person impairment or more, you can claim the assistance for as long as it is reasonably necessary.
If you fall below that threshold, you are only entitled to temporary domestic assistance (not more than 6 hours a week, for a period or periods which do not exceed 3 months in total).
Who provides the assistance?
The services can be provided by a professional care provider or by a friend or family member.
If a friend or family member provides domestic assistance to you free of charge (known as "gratuitous domestic assistance"), no compensation is payable for the assistance unless that person has lost income or foregone employment to provide the assistance.
Can my friend or family member claim their lost wages?
No. The person providing the gratuitous domestic assistance will be paid directly by the insurer at appropriate and reasonable professional rates for the work done. They cannot recover any lost income.
What records should we keep?
Payment for gratuitous domestic assistance is only made if those costs and the provision of the assistance is properly verified.
The person providing the assistance must provide proof they have lost income or foregone employment, which might include:
evidence they have moved from full-time to part-time work
a certified copy of a letter of resignation or termination giving reasons
payslips showing fewer hours of overtime or of casual work, with a supporting letter from their employer
The person providing the assistance must also submit a diary, signed by themselves and the worker (if the worker is able to do so), setting out:
the date the service was provided;
description of the services performed; and
hours worked.
Contact us for more information.
DISCLAIMER: This blog is made available by Mortimer Fox Lawyers to give you general information and a general understanding of the law, not to provide specific legal advice. Unless otherwise stated, all information provided pertains to injuries sustained in or in connection with New South Wales. By using this blog you understand that there is no solicitor client relationship between you and Mortimer Fox Lawyers. This blog should not be used as a substitute for legal advice. If you require legal advice please contact us for an appointment.
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