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No-Fault Insurance Benefits

Michigan Attendant Care – FAQs

Answers to frequently asked questions about car accident victims and in-home nursing services

Many auto accident victims in Michigan don’t realize that important No-Fault benefits are available to help them recover after a serious crash, especially attendant care. Our personal injury lawyers tell our clients to think of attendant care as in-home nursing care. When a car accident victim is seriously injured, a person providing these services would help you with basic needs, like eating and bathing.

If you have questions about attendant care and your car accident, call Michigan Auto Law at (800) 777-0028. The call and the advice is free.

How is attendant care affected by the new Michigan car insurance law?

The new Michigan car insurance law limits car accident victims’ auto insurance coverage of in-home, family-provided attendant care to only 56 hours per week. While this is the same limitation that applies to people injured in the workplace under Michigan’s Workers’ Compensation law, it is a dramatic change from the previous law that allowed family members to provide 24-hour care for loved ones catastrophically injured in automobile accidents. Learn more

What is attendant care?

When an auto accident victim is injured so badly that she cannot take care of her most basic needs, such as eating, using the bathroom, bathing and getting dressed, the victim’s Michigan No-Fault insurance company will pay a nurse or someone in the family to help. That service is called attendant care. People sometimes also refer to it as nursing services.

What are examples of attendant care duties?

Examples of attendant care duties come in many forms, including but not limited to the following:

  • Assistance with eating.
  • Assistance with using the toilet.
  • Assistance with bathing and grooming.
  • Assistance with dressing and undressing.
  • Assistance with moving from bed to chair or repositioning in bed.
  • Assistance with walking or using a wheelchair.
  • Assistance with meal preparation.
  • Assistance with transportation.
  • Assistance with administering medication.
  • Assistance with changing bandages and dressing wounds.
  • Assistance with use of medical equipment.
  • Assistance with supervision and monitoring of a seriously injured accident victim.
  • Assistance with supervision and management of care providers.
  • Being “on-call” or “on stand-by” to help a seriously injured accident victim.

Who provides attendant care?

Attendant care can be provided by nurses, home-health aides, and even family members or legal guardians of seriously injured car accident and truck accident victims.

Who pays for attendant care?

In most cases, the No-Fault insurance company of the auto accident victim provides attendant care – given the injured person’s attendant care is reasonably necessary for his care, recovery or rehabilitation.

How much are attendant care providers paid?

There is no set statutory rate for attendant care. The rate of care depends on a number of things. For example, the average wages in a particular geographical area, such as a heavily rural area vs. a large city like Detroit or Grand Rapids. It also depends on the qualifications of the individual performing the services (i.e. home care attendant from a service, nurse, family member, etc.). A service will normally bill at a higher rate than an individual. But an individual may be entitled to a commercial agency rate because of benefits such as overtime, vacation or insurance that an individual does not receive.

To get a better idea of an appropriate rate, it’s best to speak with an experienced lawyer. Call Michigan Auto Law at (800) 777-0028 and we can answer all of your questions.

Are there any limits on the frequency or duration of attendant care?

No. It is not uncommon for a doctor to prescribe 24/7 “around-the-clock” attendant care for seriously injured car accident and truck accident victims.

Additionally, there is no limit as to how long a Michigan auto accident victim may receive care, as long as it’s reasonably necessary.

What is the attendant care law in Michigan?

Here are six Michigan attendant care cases that established important laws for auto accident victims. An experienced lawyer should be familiar with these laws to best protect your rights.

The lawyers at Michigan Auto Law can help you.

Our personal injury lawyers are here to answer your questions. Call Michigan Auto Law at (800) 777-0028 or use our free consultation form. There’s absolutely no fee or obligation.

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