Being a nanny or a babysitter may have its perks. Nannies, sometimes are able to reside in a family’s home and of course, have more perks than a regular babysitter. All in all, working with children can be fun and rewarding. But have you ever wondered what happens if a babysitter or nanny gets injured on the job? Do you need Workers’ Compensation for a nanny?
To answer this in simpler terms, it all depends. Babysitters typically work part-time with no benefits as for nannies, caring for children is a full-time job with many beneficiaries. Most U.S. states require household employers to carry Workers’ Compensation insurance for their household employees such as a nanny, senior caregiver or housekeeper.
In Maryland, there’s no exception to this law. If you are a household and you have a nanny working for you full-time, you should get Workers’ Compensation Insurance coverage. On the other hand, if you are a full-time nanny, make sure to work with someone that is covered by some sort of insurance. It’s always better to prevent, rather than regret.
There are many elements and different types of laws that go into babysitters or nannies because they are either independent contractors, working under companies such as care.com, or they are simply working only a couple hours a week. If they get injured and are not eligible for workers’ compensation, can they sue for anything else?
There are four basic eligibility requirements when it comes to workers’ compensation:
Employees that are independent contractors are not entitled to workers’ compensation. If you want to learn more about contractors workers’ compensation benefits, click here. However, even if you file for a 1099 tax form, you may still be able to file for workers’ compensation depending on what state you currently reside in.
In Maryland, however, workers’ compensation does not cover independent contractors. Moreover, independent contractors in Washington, D.C. do not need to insure themselves. Lastly, Independent contractors in Virginia are not required to have workers’ compensation coverage. Nonetheless, there are always some exceptions to the rule.
If the state determines the employer/independent contractor work relationship is actually an employer/employee one, your business could face penalties and you would be required to provide coverage. That’s why it is always better to speak with an experienced Workers’ Compensation Attorney, so you can understand your rights and obligations.
On another note, it is important to know the “deadline”, better known as Statute of Limitations when reporting an injury, as well. In Virginia and Maryland, the statute of limitations is 2 years for Workers’ Compensation. But, Washington, D.C.’s statute of limitations is 1 years. If you have any more questions about SOL and Workers’ Comp. call us now: (202) 933-1918.
As we previously mentioned, most states require household employers to carry workers’ compensation insurance for their household employees such as nannies, housekeepers, and caregivers. This insurance will compensate an employee who was injured on the job for qualifying medical expenses and lost wages.
If you are the homeowner and you don’t have a workers’ compensation insurance policy, you may be personally liable for your injured employee’s expenses. Workers’ compensation insurance affords the homeowner legal protection because when an employee accepts benefits, they generally relinquish their right to sue you, the employer, regardless of fault.
Additionally, it must be managed by a state-licensed insurance broker. Typically this nanny insurance is available through commercial insurers, but some state funds exist as a provider of last resort where coverage is required by law. State funds are typically the most expensive method of obtaining coverage, as they must insure all applicants, regardless of risk.
In Washington, D.C. and Maryland, household employer workers’ compensation insurance is a requirement for both full-time and part-time household employees. But in Washington, D.C the employee needs to work at least 240 hours per quarter. In the state of Virginia, however, there needs to be at least three household workers employed in order for the household employer to receive workers’ compensation insurance.
Typically, babysitters work part-time and most of the time they are either high school teenagers or college students working for extra easy income. Babysitters are able to sue the household employer for many other reasons but they are not eligible for workers’ compensation in Washington, D.C., Maryland, or Virginia.
Besides the workers’ compensation case, if a babysitter ever gets injured on the job, they are also able to file a lawsuit under premises liability. This second case would be separate from the actual workers’ compensation case, and would not interfere with the whole process. In order to have a premises liability case, there has to be a clear negligent act from the owner.
This means that the employer was negligent in not taking reasonable care of protecting visitors from entering their own homes. Whether they ate food that caused them to be ill or if it was a slip and fall, they are able to sue. Also, if there is a pet in the house they are able to sue for that as well and the compensation varies on the severity of the injury.
At this point, you are already aware of the fact that babysitters can sue for many reasons, but they are not eligible for workers’ compensation. Nannies are a different story since they typically work full-time. If you are looking for workers’ compensation for a nanny, contact our workers’ compensation attorneys to help ease your mind. Call us today to start your case: (202) 933-1918.