When Babysitters or Nannies are Hurt on the JobBy Kenton Koszdin on February 23, 2021 | In Blogs
As the COVID-19 pandemic drags on and its end only just beginning to come into our sights, countless families have found themselves reliant on domestic workers: from the weekly cleaning-crew to caretakers for elderly relatives, as well as nannies or babysitters. Utilizing their valuable services has become a priceless resource over the months, especially within families whose time is mainly spent at home – working from home, grocery shopping from home, home-schooling from home, and so on. You might be surprised to find out that, as a domestic worker, babysitters, and nannies may qualify for workers’ compensation in the event of sustaining an injury while on the job.
Due to the nature of work involved in nannying and babysitting, nannies and babysitters are considered employees rather than independent contractors in the majority of cases. However, in the state of California, there are only two instances where a domestic worker (such as a nanny or babysitter) isn’t eligible for workers’ compensation:
- A domestic worker who was hired as or classified as an independent contractor.
- A casual, now-and-then babysitter, such as a younger family member or your neighbors’ teenager, etc.
Any babysitter or nanny in California who doesn’t fall under these instances will, therefore, be considered an employee and qualifies for being covered under workers’ compensation insurance. Depending on who hired you and how you were hired, the family you work for may not always be considered your ‘employer’ in this scenario. It can sometimes result in complicated cases where an injured nanny or babysitter is unsure of who to address when they experience a work-related illness or injury.
Don’t get lost in the confusion – our attorneys are experienced in even the most complicated workers’ compensation cases and are here to help. Contact the Kenton Koszdin Law Office, Social Security attorney in Van Nuys today at 800-438-7734 for your initial free consultation.