Anyone who employs at least one worker in California must have workers’ compensation insurance. If you work as a nanny, maid, or in any other domestic setting, your employer must have workers’ compensation insurance, even if you are their only employee. However, this general rule has some restrictions and nuances that you should discuss with a Los Angeles workers’ compensation attorney.
Who Is Covered?
The general rule is that everyone is covered. However, California law provides some restrictions if a domestic worker does not work often or could be classified as an independent contractor.
Technically, only “full-time” domestic workers can receive workers’ compensation benefits. Thankfully for domestic workers, California’s definition of full-time is much less than the typical 40-hour workweek.
- For those who do work inside the house, full-time employment applies when they work 20 hours per week or more.
- Employees who work outside the home, such as gardeners, have full-time employment if they work just 10 hours per week or more.
You must have also worked at least 52 hours 90 days before the work injury occurred to qualify for benefits. Your wages must also be at least $100 during that period.
Common examples of domestic workers include:
- Housekeepers
- Gardeners
- Nannies or regular babysitters
- Pool cleaners
- General maintenance workers
Occasional workers who do not qualify as “full-time” are not entitled to receive workers’ compensation benefits.
How Are Domestic Employees Covered?
Many homeowners have workers’ compensation coverage and may not even realize it. Workers’ compensation coverage is often part of your employer’s homeowner or rental insurance package for their home or apartment. If your employer insists they don’t have coverage, you may suggest that they look at their homeowner’s insurance policy.
What Happens if I’m Not Covered or My Employer Doesn’t Have Insurance?
If your employer does not have workers’ compensation insurance, and they should, you still have legal options outside of the workers’ compensation system. These include an argument that your employer should have had insurance coverage but did not. It will take longer to get benefits, and you must pay your healthcare coverage upfront.
If you do not work enough hours to be considered a full-time employee for workers’ compensation purposes, you may still be able to sue based on a claim for premises liability. This legal claim is similar to what you would use if you slipped and fell at a grocery store or other public location. Again, you will not get benefits as quickly and will have to pay for your medical care costs immediately. Your attorney will be able to walk you through these options.
At Koszdin, Fields & Sherry, we know that going through a work accident can be scary and confusing. We are here to help. Give us a call to schedule a free consultation with one of our Los Angeles workers’ comp attorneys today: 818-812-5639.
