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Are Domestic Workers Covered Under California Workers' Compensation?

Domestic workers are employees that work around the house, usually employed by a single employer. For example, anyone hired to be a nanny, housekeeper, babysitter, or gardener is considered a domestic worker. Typically, a domestic worker is an independent contractor, but in some cases, the person who hires him or her is regarded as an employer with full responsibility for any injuries that occur during the performance of the domestic worker’s duty.

For example, in Los Angeles, when a homeowner decides to hire residence employees, they must purchase insurance. Residence employees are any people employed by a homeowner whose duties are related to the maintenance or use of the dwelling. If the residence employee is injured, the insurance will cover the cost of medical bills and lost wages. If the workers are only occasionally employed, he or she should automatically be covered by the homeowner’s insurance policy.

However, if the employee is considered full-time (if they work more than a specific number of hours a week), the homeowner will have to purchase workers’ compensation coverage at an additional cost. If they do not purchase it, the worker can sue his or her employee to cover what should have been covered by the workers’ comp.

Usually, an employee such as a nanny or housekeeper is considered a full-time employee if he or she works more than 20 hours per week. An outside employee, such as a gardener, is considered full-time if he or she works more than 10 hours a week. However, if a domestic worker is working less than full-time, he or she isn’t necessarily covered by workers’ compensation benefits.

If you are a domestic worker who was injured on the job, let us discuss your options with you. Our skilled Orange County workers’ compensation attorneys have the knowledge and experience necessary to give you solid legal advice on your best course of action. Humphrey & Associates has more than 20 years of combined legal experience to offer your case, and we have won more than $400 million in verdicts and settlements over the course of our history. Let us see what we can do for you.

Contact us at (844) 612-5800 or fill out our online form to schedule your free case consultation today. We look forward to speaking with you.