Call Today For A
Free Initial Consultation
Pursuant to the New York State Workers’ Compensation Law if you employ a nanny, home attendant, or any other domestic worker for more than 40 hours per week, you are required by the New York State Workers’ Compensation Law to have workers’ compensation coverage for that individual. This includes workers who are home attendants or companions for elderly parents or relatives. Homeowner’s insurance policies generally do not cover domestic workers, so a separate workers’ compensation policy is necessary.
If you hire a domestic worker through an agency and regularly pay the agency for their services, it is the agency’s responsibility to provide workers’ compensation coverage. It is advisable to confirm this when contracting with the agency.
Even if a domestic worker is paid off the books or receives cash payments, the obligation to provide workers’ compensation coverage still applies.
Failure to have workers’ compensation coverage for a domestic worker can result in you being responsible for medical bills, lost time awards, and potential fines. These fines can exceed $50,000. It is important to note that the cost of a workers’ compensation policy for a nanny or domestic worker typically ranges from $350 to $550 per year, depending on the carrier and the worker’s weekly wages. The insurance company usually requires information about the worker’s wages but not their social security number.
If a person typically works less than 40 hours a week, workers’ compensation coverage may not be necessary. However, it is essential to consider situations where they might exceed the 40-hour limit due to occasional additional hours worked.
It is recommended to consult with a legal professional or an insurance provider who specializes in workers’ compensation to ensure compliance with the specific laws and requirements in your area. They will be able to provide personalized advice based on your circumstances.