Actress Ann B. Davis, Alice in “The Brady Bunch,” died yesterday after falling and hitting her head causing a subdural hematoma. In memory of her passing, let’s take a look to see if someone who needed Alice’s services after a car accident or workers’ compensation accident would be reimbursed.
After a Florida car accident, the injured person is entitled to Personal Injury Protection benefits. These benefits include the coverage for things Alice would do for a person after an automobile accident. Specifically, the PIP law states that a person injured in a car accident is entitled to benefits that “reasonably incurred in obtaining from others ordinary and necessary services in lieu of those that, but for the injury, the injured person would have performed without income for the benefit of his or her household.” Thus, a person injured in a car accident who is unable to clean the house during the period of injury would be entitled to reimbursement for Alice’s services. Now, reimbursement at 60% or 100% — that is a topic of a future blog article.
However, if a person cannot maintain his or home because of a workers’ compensation injury, he or she would NOT be entitled to services rendered by someone like Alice. Florida’s workers’ compensation law provides for attendant care. However, the law defines “attendant care” to mean care rendered by trained professional attendants which is beyond the scope of household duties. Family members may provide nonprofessional attendant care, but may not be compensated under this chapter for care that falls within the scope of household duties and other services normally and gratuitously provided by family members. Courts have ruled that purely domestic services are not compensable under the Florida Workers’ Compensation law even if your work-related injury prevents you from performing those tasks.
In summary, if you get hurt in a car accident, you would be entitled to reimbursement for household services, but if you get hurt helping an employer, you are not entitled to this type of care.
Rest in Peace, Ms. Davis. Thank you for all the witty advice you shared with us through the Brady kids!
Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents, pedestrian accidents and other types of personal injury matters. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.