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    Home»Facts»Who Can Make a Claim for Caregiver Benefits After a Car Accident?
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    Who Can Make a Claim for Caregiver Benefits After a Car Accident?

    By RichardJune 20, 2020No Comments6 Mins Read
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    We can never predict what might happen on the road and it’s always a shocking and horrific experience whenever someone has been in an accident. It’s difficult to understand how bad it feels to be in a car accident unless you’ve actually experienced it first hand. Sometimes it’s so bad that the help of a caregiver may be required during these tough times. But who can be eligible to be a caregiver? What will they do? Are there legal forms to be signed? And are there any benefits to it? Read on to learn more about caregivers and who can apply for the benefits of a caregiver for car accident survivors.

    What Is a Caregiver?

    A caregiver is basically a person who takes care of you if you physically cannot live your life normally after a serious accident, where you got injured badly. The victim who is unable to move, go to work, or has a severe inability to lead a normal life will need a primary caregiver that will support them. This is a rewarding job, and it’s a big commitment to carry that huge load off the injured to make their lives so much easier. 

    The support can come in the form of assistance while moving, cooking, cleaning, running errands, and a lot more. A caregiver must be prepared to reduce their working hours and in some cases, they must leave their jobs entirely. This commitment will require all of their time and effort to provide a decent, comfortable, and easy life for the injured victim. Also, caregivers can provide emotional and financial support until the physically impaired person recovers from their ordeal. 

    Who Is Eligible for Caregiver Benefits?

    Some countries have laws regarding the claims for caregiver benefits. It is usually parents who become an eligible caregiver to an injured loved one, but there are exceptions to the rule. If you take Canada as an example, you’ll find that they have very specific laws when it comes to caregiver benefits. Jeff Preszler from PreszlerLaw-NS.com says that you don’t have to be a parent to file for caregiver benefits, especially if you’ve already claimed your dependents under Canadian law. This means that it can be any family member who is qualified to take care of you if you’ve been severely injured. This could be immediate relatives or someone you consider to be like a member of your family. 

    The law states that you don’t necessarily have to be blood-related to be a caregiver to someone. It could be a common-law partner (if they’ve been a partner for a year or more), a spouse, legal parent-child relationship, sibling, step-sibling, step-parents, grandparents, in-laws, cousins, nieces or nephews, current or former wards, current or former foster parents, current or former guardians, godfathers or godmothers, and anyone else you consider to be like any of your family members.

    What Do I Do if My Caregiver is Not Family?

    If your caregiver will not be a family member, then the law states that you should fill out an attestation form that has all the information needed about this person along with your consent. If you physically cannot fill out this form, then your legal representative can fill it out for you instead, so that your country/state would consider the claim for benefits. However, if the person in question is a child, then this child will need their legal guardian or parents to sign this attestation form. This is needed to confirm that they will consent for someone outside the family to be a caregiver for that child. You will need to get this form and other legal requirements in your country/state ready before you file for the benefits claim to avoid getting declined.

    Types of Caregiver Benefits

    You should learn more about the three main types of caregiver benefits for knowing what to expect from your government. Each type depends on the situation and the injured adult/child involved. It is explained more below:

    1. Family Caregiver Benefit – Adults: This benefit is for severely injured or critically ill people who are 18 years old or above. The benefit’s maximum weeks payable is 15 weeks.
    2. Family Caregiver Benefit – Children: This benefit is for children that are severely injured or critically ill and they must be under 18 years old. The benefit’s maximum weeks payable is 35 weeks.
    3. Compassionate Caregiver Benefit: This type of benefit is for people of all ages who are suffering severely and need end-of-life care. This is for people with a risk of death within 6 months. The benefit’s maximum weeks payable is 26 weeks.

    Does the Caregiver Get the Benefits All At Once?

    It depends on the case, but when it comes to getting the benefits all at once or not is completely up to the caregiver. You are legally able to get everything at once in the timeframe of your specific benefit or you could get it in intervals. Some countries might not give you the luxury of choosing and would just divide the benefits into different periods. Overall, it depends on the case and it’s quite common to see both circumstances.

    Can Someone Have More Than One Caregiver?

    Yes, you are legally permitted to have more than one caregiver, but they will not have double benefits. This means that when they apply for it, whether it’s separately or not, they must be prepared that the benefits will be shared and distributed evenly. The caregivers can receive them at the same time or separately during the weeks of the specific benefit. It will be a lot easier if both caregivers made the claim at the same time to avoid any irregularities or legal problems in the future.

     When it comes to car accidents and caregivers that would help the survivors, you need to know all the requirements, legal forms, and who is eligible to be a caregiver. The law can be flexible depending on where you live, but it’s always important to get more information about caregiver benefits if you’re thinking of applying for it. This will save you a lot of time and effort because we all must meet the legal requirements of our specific countries. Overall, being a caregiver is an admirable job and you would deserve benefits if it will help you and the injured loved one.

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