February 28, 2026
When Should You Hire a Workers’ Comp Lawyer? Signs, Pros, and Cons Explained
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(818) 616-4041
No Fee Unless We Win!
(818) 616-4041
Caregivers play an important role in California. Many provide care in private homes. Some work through an agency. Some are hired by families. Some are part of the In-Home Supportive Services program, also known as IHSS. Caregivers help people who cannot care for themselves. The work often involves lifting, bathing, carrying, cleaning, and helping with medical needs. These tasks can lead to injuries. When an injury happens, caregivers need to know if they can file for workers’ compensation.
The short answer is yes, many caregivers can file for workers’ compensation in California. The details depend on who employs the caregiver. At the Law Offices of Armen Yedalyan, APLC, we represent caregivers who were injured while working inside private homes, including caregivers who provided services through IHSS. Attorney Armen Yedalyan has handled these cases for many years. He has represented the Department of Social Services and IHSS in the past and now represents injured workers who need help navigating the system. Armen is a Certified Specialist in Workers’ Compensation law making him a trusted guide throughout the process.
This guide explains when a caregiver can file a workers’ compensation claim, how IHSS fits into the process, and what injured caregivers should do after an accident.
Workers’ compensation covers employees. It does not cover volunteers or family members who provide unpaid care. The key question is whether the caregiver has an employer under California law. In many cases, the answer is yes.
Here are the most common caregiver categories:
Caregivers who work for a home care agency are usually employees of that agency. The agency should carry workers’ compensation insurance. If the caregiver is injured while helping a client, they can file a claim with the agency’s insurance carrier.
In California, families who hire caregivers may become employers under the law. If a household pays a caregiver for help, the family may be required to carry workers’ compensation coverage. Injuries in this setting may qualify for a claim. If the family does not have insurance, the claim may go through the Uninsured Employers Benefits Trust Fund, also known as UEBTF.
In-Home Supportive Services is a statewide program. Many people with disabilities or age-related needs receive assistance through IHSS. When an IHSS caregiver gets hurt, the claim is handled through the State of California because the State is considered the employer for workers’ compensation purposes.
Your client noted that he has handled IHSS cases for years. This matters because IHSS injuries tend to involve special rules. Helping a relative does not disqualify the caregiver from receiving benefits if they are part of the program. IHSS caregivers can file a claim even if they provide care to a parent, spouse, or other family member.
Some families pay caregivers privately without paperwork. These cases are more complex. The lack of documentation can lead to disputes about employment status. Even so, workers may still qualify for coverage. California law looks at the nature of the work, not only the paperwork.
Caregiver work is physical. Injuries are common. Many caregivers are hurt while performing basic tasks such as lifting or transferring a patient.
Frequent caregiver injuries include:
Any injury that arises from work duties can qualify for a workers’ compensation claim. The injury does not need to result from a single event. Repetitive stress injuries can also qualify.
This is a common question. Many IHSS caregivers worry that caring for a relative disqualifies them from benefits. In California, the relationship does not prevent a claim. The IHSS program treats these caregivers as employees of the State. If the injury occurs while performing authorized care duties, the caregiver can file a claim.
Caregivers outside the IHSS program can also qualify if they are paid workers. The key point is whether an employment relationship exists. California looks at the facts. If the caregiver receives wages and performs assigned duties, the law may treat them as an employee.
Private household employment is common in Los Angeles and surrounding areas. Families often hire caregivers for elderly parents, disabled children, or relatives recovering from surgery. When these caregivers are hurt, the question becomes whether the family is an employer under the law.
California law requires households to carry workers’ compensation insurance for certain domestic employees. If the family does not have insurance, the caregiver may still file a claim through the UEBTF. This allows injured workers to receive benefits even when the employer failed to secure coverage.
Claims against uninsured employers often involve extra steps. An attorney plays an important role in these cases.
If the injury is work related, the caregiver may qualify for:
IHSS caregivers can also receive these benefits. The process is similar to other workers’ compensation claims, but some forms and procedures are specific to the program.
Caregivers should take the following steps as soon as possible:
Reports are important. Many caregivers try to keep working through pain. Delays in reporting can lead to disputes about when the injury happened. Clear documentation helps avoid these problems.
Caregiver injuries often occur in private homes. There are no supervisors watching. No cameras. No witnesses. This can lead to disagreements about the injury. Insurance companies may claim that the injury happened outside work or argue that the caregiver was an independent contractor.
IHSS cases have their own challenges. The State follows strict procedures. Caregivers must show that the injury happened while performing approved duties.
These issues make legal representation important. The Law Offices of Armen Yedalyan, APLC, understands the rules that apply to both private caregiver claims and IHSS cases. The firm has experience with unpaid insurance coverage, employer disputes, and UEBTF claims.
At the Law Offices of Armen Yedalyan, APLC, we help caregivers at every stage of the claims process. We:
Attorney Armen Yedalyan has represented IHSS and DPSS in past cases. He now brings that experience to injured caregivers who need guidance. This background provides insight into how the State reviews claims and how to present strong evidence in these cases.
A work injury can end a caregiver’s ability to help others. It can also create financial stress. California law protects many caregivers, including those who work inside private homes and those who care for relatives through IHSS.
If you were injured while providing care, you may qualify for workers’ compensation benefits. You do not need to navigate the process alone. Contact the Law Offices of Armen Yedalyan, APLC, today for a free consultation. We will review your injury, explain your rights, and guide you through the next steps.
