Workers’ Compensation for Babysitters and Nannies in California

By Kenton Koszdin Law Office on September 4, 2019 | In Workers Compensation

Workers’ Compensation for Babysitters and Nannies in California

If you are injured working as a nanny or babysitting, would you be covered for Workers’ Compensation (WC)?

Nannies and babysitters are two examples of domestic workers. Caregivers, such as those who provide care to the elderly or to individuals who are disabled, are also domestic workers.

Which Domestic Workers Are Eligible for Workers’ Compensation?

In California, there are two exceptions to domestic worker WC coverage:

  • A casual, part-time babysitter such as your niece or neighbor
  • A domestic worker who is classified as an independent contractor

Generally, a nanny or babysitter is considered to be an employee rather than an independent contractor because of the amount of control the parents (the employer) have over how the work is to be done.

Determining who is an independent contractor is a complicated issue, no matter what your employer may have told you. We can help you resolve whether you are an independent contractor or whether your employer must provide WC insurance for you.

Who Must Provide WC Insurance for California Domestic Workers?

Your employer must provide WC insurance for you. Who is your employer?

  • If you were placed by a company that provides domestic workers to households, then that company is the employer and must provide WC insurance.
  • If you were placed by an agency, that agency is the employer and must have WC coverage for you.
  • If your employer hired you directly without going through any company or agency, then he or she is responsible for providing WC insurance.

If you are injured while working and your employer does not have WC insurance, that is against the law. Contact an attorney experienced in California Workers’ Compensation claims to file a claim against your employer.

We Are Experts in California Workers’ Compensation Law – Let Us Help

If you or a loved one has been denied Worker’s Compensation or Social Security Disability (SSD) benefits, it’s important to get an attorney experienced in these types of cases involved immediately.  Call our Los Angeles County office at 800.438.7734 for your initial free consultation, either in our office or in the comfort of your own home.  The Kenton Koszdin Law Office, Social Security attorney in Van Nuys, can help you navigate the application process for the best possible outcome for you and your family.

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