If I hire individuals to work in my home to care for my 97 year old mother, how do I protect myself against potential workman’s compensation claims?

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If I hire individuals to work in my home to care for my 97 year old mother, how do I protect myself against potential workman’s compensation claims?

My 97 year old mother requires round the clock care. If I hire care givers to live in my home and take care of my mother, how do I protect myself if they get injured on the job?

Asked on October 21, 2010 under Employment Labor Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally speaking if you hire caregivers to work in your home then you are going to have to pay the necessary taxes and insurance to cover them if you want to cover yourself.  The only option that I can see is if you go through an agency that provides the care and covers the caregivers as THEIR employees.  You then need to make sure that you are covered on their policy and what the rules in your state are.  It is incumbent upon you to determine these matters so I would speak with an accountant and insurance broker on these issues before you take the leap.  You need to be well informed to make a decision.  Good luck.


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