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Ask an Employment Law Attorney: If a Domestic Worker is Injured on the Job Are They Entitled to Workers’ Compensation Benefits?

You could believe that since you work in someone’s house, you are not covered by workers’ compensation insurance. After all, your boss doesn’t operate a business. You were recently employed by this person to clean their home, take care of their grass, or watch their children. However, if you are hurt at work, you may be eligible for workers’ compensation benefits under California law.

Many California households employ domestic workers

In areas like California, hiring a domestic worker—such as a babysitter, nanny, gardener, or housekeeper—is not rare. The employer and the employee may both gain from these ties. The individual has a more flexible work schedule than with regular employment, and the business is confident in their ability to perform well. But if the worker sustains an injury at work, the issue of who caused the mishap can come up.

Think about a scenario where a housekeeper breaks her arm after falling down the stairs at her employer’s residence. Workers’ compensation is a no-fault system of insurance that provides benefits for injured workers regardless of how they were hurt, thus if that occurred at the place of business of any other employer, it would automatically be covered by that policy (with a few exceptions, such as if the employee was committing a crime at work).

However, because the housekeeper works in a private residence, her employer might be reluctant to cover her injuries. He can argue that the maid was negligent and that he shouldn’t be held responsible for her errors. What are the options in given circumstance?

A homeowners’ insurance should cover injuries in a home for occasional workers

First off, it should be mentioned that a homeowner’s insurance policy should automatically provide coverage for sporadic workers (such as a weekly cleaning service). However, the employer is required to offer workers’ compensation insurance if the employee is regarded as a full-time worker by the insurance provider or by state law.

The law defines “full time” employment

A full-time domestic or residential employee is defined as follows by California law:

  • Inside workers, like housekeepers or babysitters, are considered to be working full-time when they put in at least 20 hours a week.
  • Full-time employment for contractors, like gardeners, starts when they put in 10 hours or more each week.

If you worked at least 52 hours in the 90 days before to the accident and made at least $100 in pay, you may be eligible for workers’ compensation benefits as a domestic employee who was hurt at work in California. You can find out if you fit this description and may be qualified for workers’ compensation with the aid of an experienced workers’ compensation attorney.

Call us now for a free legal consultation

Over the course of more than 40 years, the attorneys at PLBH have assisted injured workers in obtaining the just compensation for their losses. With locations in Arizona and California, we are ideally situated to assist a variety of workers in getting the assistance they require. To learn more about how we may assist you, call us at (800) 435-7542 or send an email to right now.