Can An Injured Los Angeles Domestic Worker Get Workers Compensation?By Kenton Koszdin Law Office on March 1, 2016 | In Workers Compensation
Many homeowners in Los Angeles use the services of domestic workers such as babysitters, nannies, housekeepers, and gardeners. While this homeowner-to-client relationship is often beneficial for both parties, it can lead to complications when and if an accident occurs. It is not always clear if the homeowner is an employer or if the worker is simply a contractor with no recourse for support through workers’ compensation benefits.
First, it is important to consider that homeowners in Los Angeles do not have to run a business to have employees. It is possible to have “residence employees” who provide household services. In fact, any person employed by a homeowner whose duties are related to the maintenance or use of the dwelling may be considered a “residence employee.”
When a homeowner in Los Angeles decides to hire residence employees, they must obtain insurance. If the workers are occasional employees, they should be automatically covered under the homeowner’s insurance policy. If, however, the employees are considered full-time as defined by the insurance provider, the homeowner must also obtain workers’ compensation coverage at an additional cost. Failure to do so may prove costly.
If you are a domestic employee, or a homeowner with residence employees, you should know how California defines full-time employees:
- An inside employee such as a nanny or housekeeper is considered full-time if they work over 20 hours per week.
- An outside employee such as a gardener or pool cleaner is considered full time if they work over 10 hours a week.
- Working less than the 20 or 10 hour limit will make the employee an occasional employee who is not necessarily covered by workers’ compensation benefits.
If you have been injured on the job as a domestic worker in Los Angeles, you may be able to pursue benefits. You will have to show that you have worked for at least 52 hours within the 90 days prior to the day of the accident, and you must have earned at least $100 in wages. If you meet these criteria, you should be covered by workers’ compensation. Contact an experienced Los Angeles workers’ compensation lawyer for more information about pursuing your legal rights.
Kenton Koszdin Law Office can help. Call us today at (800) 438-7734.