HI everyone, it seems that every person I interview for help on weekends here in my home has no health insurance. Its tough enough to find someone without adding this to the mix. Could she claim she was hurt here and sue me, what can I do to protect myself? If I asked my Homeowners insurance would it cost me a forturne because paying a caretaker is too much already. Is there any medical release forms or something I can do? Thanks for any ideas and help.
That's why going through an agency is often prudent. Yes, if an independent contractor gets hurt on your property, and you are the "employer", which you would be in some cases, they could sue you.
Please check with your state insurance department to see what you need to have in place if you are hiring directly. Otherwise, you should go through an agency that covers their worker's compensation taxes, etc. This isn't about health insurance, it's about liability factors.
Your homeowner's insurance may should cover a visitor who gets hurt, but a paid person coming regularly is not likely to be covered. You can check with your insurance on that, however. Also, you are responsible for a background check if they are not with an agency. Good agencies do that before hiring.
People can find the gem of a lifetime through hiring independently, but they also take on an employee (at least in most states), unless the person can prove they are set up as a business and they cover their own taxes for worker's comp., etc. Even then, checking your state laws is a good idea. Tread carefully.
Carol
Many years ago I had a part-time job that I was considered an "Independent worker" with a company. I signed a contract of my duties to perform and a waiver stating the business was not responsible if I got injuried while I was on the job. I needed to be self insured, and if not, it was at my own risk.
Something like that might relieve you from responsiblity if an injury occurs.I am not sure if that is something you could do or if that is only for business'. I would suggest maybe talking to an attorney or someone that professionally knows what you should do to protect yourself and if something I suggested could apply to you. If so, make a legal binding contract stating everything you are and aren't responsible for, and their duties.
Agencies charge a fortune but they are insured. If you are really concerned about being sued and have no way of protecting yourself. Then an agency is the way you should go.
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luvmom
If they are working for an agency, none of the above. Unless they are injured in a way that is not part of their duties, then it is a lawsuit apart from the employment, and law and court can decide.
love the info, thanks!
http://homefront676.blogspot.com/
Look for the April 28th post featuring private caregivers
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