Babysitters and Nannies
Many domestic workers such as nannies, caregivers, and housekeepers aren’t aware of their federal and state labor rights. Many employers of domestic workers wrongly classify these workers. This is so they can avoid paying minimum wage or overtime, allowing break periods, paying payroll taxes, providing unemployment insurance, or providing workers’ compensation insurance.
If you are a domestic worker who’s gotten injured on the job, you do have the right to workers’ compensation benefits (Social Security Disability Insurance or SSDI). To find out more about your legal rights as a domestic worker, you need an experienced workers’ compensation attorney.
Kenton Koszdin Law Office has successfully represented Los Angeles area residents in workers’ compensation claims for over 10 years. We’re passionate about protecting the rights of domestic workers. Your industry has a history of illegal hiring and abusive treatment. We can help. Se habla español.
Call us today for a free consultation by dialing (800) 438-7734.
Who is Eligible for Workers’ Compensation in California?
With a few exceptions, all domestic workers in California are eligible to workers’ compensation. The two exceptions are:
- Casual, part time babysitters like the teenager next door
- Domestic workers who are classified as independent contractors
What Makes Someone An Independent Contractor Instead of An Employee?
This is whole other can of worms. There are no hard and fast rules about who is an employee and who isn’t. Just because the person you work for does not subtract taxes from your wages and sends you a 1099 form at the end of the year, doesn’t necessarily make you an independent contractor. This is another very important reason to consult a workers’ compensation attorney. The person you work for may have told you you were an independent contractor when you actually qualify as an employee.
Who Provides Workers’ Compensation or SSDI?
All employers are obligated to get workers’ compensation insurance from an approved provider and pay the premiums to keep the coverage current. Who provides the workers’ comp depends on who your employer is. Many people hire domestic workers through a company that provides them. In such a case, the company is the employer and they’re responsible for taking out taxes, providing workers’ compensation insurance, etc. In other cases, people may hire domestic workers through an agency. In those cases, the agency is the employer and responsible for paying the SSDI premiums. If an individual hires a domestic worker, they’re responsible for purchasing workers’ compensation insurance.
What if I’m Injured on the Job and Don’t Have Workers’ Compensation Insurance?
If your employer hasn’t secured workers’ compensation insurance on your behalf, they have broken state and federal laws. By getting representation of a skilled attorney, you can file a claim against your employer for SSDI benefits.
Contact Us Today
Kenton Koszdin Law Office considers it our mission to fight for the rights of all Los Angeles area workers for over a decade. To get the passionate and qualified representation you deserve, call us today for a free consultation.
Just dial (800) 438-7734.