Care and Loss of Services (Loss of Consortium) claims involve damages suffered by which party?

• A. The injured employee
• B. The employer
• C. A family member who provided services
• D. The insurer

Answer: (C)

Care and Loss of Services damages compensate the family member who provided daily care and domestic help to the injured person. When someone is hurt and can no longer perform these services, or when their ability to provide companionship and support is diminished, the family member who relied on those services seeks compensation for the value of the lost care and for the impact on their relationship. In other words, the claimant is the family member who performed or would have performed the care and services for the injured person. The injured worker themselves, the employer, or the insurer aren’t the parties seeking these particular damages. This is about reimbursing the caregiver for the lost assistance and companionship resulting from the injury.