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The Turley & Mara Law Firm, APLC

Attendant Care, Supervisory Care, Assistance in Daily Activities Under the Longshore and Harbor Workers' Compensation Act & Defense Base Act

Longshore Defense Base Act

“I’ll tell you what the public likes more then anything. It’s the rarest commodity in the world-honesty.” -Merle Haggard        

 

 

Always Tell The Truth

No matter what type of injury or how you were injured, you need to be frank and up front about it with yourself, your attorney and your doctors. Do not lie or over exaggerate anything. If you do, you will be in a worse situation then you already are.

Always tell the truth to the judge and to your attorney. Your credibility in court depends on your honesty. People are more likely to trust you and help you, if they can see your honest.

The steps you take and the way you present your case is very important. Do your research. Order my free book, Win Your Defense Base Act Case: The Ultimate Straight Talk Roadmap To The Medical Treatment and Money You and Your Family Deserve. It is full of a ton of information that will help benefit you and your DBA Case.

And Check out the 5 Star Amazon Reviews before you. I promise you will not be disappointed.

 

Longshore/ DBA Attendant Care, Supervisory Care, Assistance in Daily Activities

Unfortunately, some severely injured Longshore & Defense Base Act (the Defense Base Act is an extension of the Longshore Act, thus this article applies to both Longshore and DBA claims) workers can no longer take care of themselves. Meaning, these injured Longshore/ DBA workers are so severely injured that they need assistance in activities of daily living. The level of care required can vary from having someone helping with their medications to needing attendant care 24 hours, 7 days a week, 365 days a year.

Attendant care is the provision of assistance in activities of daily living for a person with a disability. The assistance required can be either physical, supervisory, or both.

Under the Longshore and Harbor Workers’ Compensation Act and Defense Base Act, you are entitled to have your medical treatment for your injuries paid for by your  employer. Which usually means, by your employer’s insurance company.

You should request authorization for medical treatment, before you obtain the medical treatment. The same goes for attendant care. That being said, you can still recover for past attendant care if the employer/ carrier was placed on notice for the need for such attendant care.

In general, the  insurance company  will challenge your need to attendant care treatment on the grounds that is not reasonable or unrelated to your injury. You have the burden of proof to show reasonableness. However, Longshore/ DBA Judges tend to agree with treatment recommendations by the your treating physician.

You need to also be ready to prove that amount per hour charged for the attendant care is reasonable for your respective community.

Examples

Again, the level of assistance can vary depending on individual needs.

Some severely injured Longshore workers, need various assistance to maintain personal cleanliness and in activities of daily living that do not require medical supervision or intervention.

Tasks may include but are not limited to:

Bathing
Oral hygiene
Toileting
Bowel and bladder care
Dressing
Ambulation
Transfer to and from wheelchair and/or bed
Eating and meal preparation
Routine nail and skin care
Assisting with special appliances and/or prosthetic devices.
Provide assistance by planning, shopping, storing, and cooking food for nutritional meals.
Assist  to participate in the community and in activities of daily living (e.g.,church, shopping, etc.)
Maintain skin integrity (i.e., prevention of pressure sores).
Assist with self medication or medication reminders.
Provide assistance to attain or maintain safe and sanitary living conditions.
House cleaning

Need help right now?

You can call us at 619-234-2833 or you can fill out the contact form on this web page.

 

William Turley
“When I seek out professional advice, I don’t want B.S., I want it straight up. I figure you do also.”

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