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Hiring casual help at home.

MaggieD

MaggieD

DP Veteran
Joined
Jul 9, 2010
Messages
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Location
Chicago Area
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Moderate
Here's a problem most people don't realize or know about.

When you hire, for instance, a handyman to do work around your home, you are opening yourself up for a serious lawsuit. If that handyman doesn't have Workers' Compensation Insurance, and he gets hurt on your property? Guess what? Your homeowners insurance will not pony up. You are personally responsible for injuries.

When you hire someone to clean your home? When you hire a babysitter? When you hire a caregiver? Whatever. You're on the hook for injuries.

There should be an association of sorts that homeowners could "go through" in order to assure they don't run into this problem. It's not a "problem," of course, until it is. But when that happens​? It's huge.
 
MaggieD said:
There should be an association of sorts that homeowners could "go through" in order to assure they don't run into this problem. It's not a "problem," of course, until it is. But when that happens​? It's huge.
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Big plans?
 
Van Basten said:
Big plans?
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Actually, I do. ;)

I need to hire a caregiver (almost a babysitter, really) for my mom. I just brought her to live with me at least temporarily. She can't be left alone for more than 30 minutes, probably. Certainly not an evening. I could hire someone for $15 an hour who would be ecstatic about a job like that -- but I can't because I would be opening myself up for a serious lawsuit if something happened. Going through a service? Probably $30 an hour minimum.
 
MaggieD said:
Here's a problem most people don't realize or know about.

When you hire, for instance, a handyman to do work around your home, you are opening yourself up for a serious lawsuit. If that handyman doesn't have Workers' Compensation Insurance, and he gets hurt on your property? Guess what? Your homeowners insurance will not pony up. You are personally responsible for injuries.

When you hire someone to clean your home? When you hire a babysitter? When you hire a caregiver? Whatever. You're on the hook for injuries.

There should be an association of sorts that homeowners could "go through" in order to assure they don't run into this problem. It's not a "problem," of course, until it is. But when that happens​? It's huge.
Click to expand...

Heya Maggie. :2wave: Yep......I know a guy that got sued from his paperman due to him not shoveling his walk and porch. The Paper Delivery was told to put the paper on his Porch. If that didn't take place the Customer would complain. So when the Delivery guy fell going up his steps since he didn't clear them or salt them down. He was sued.
 
Depends. Our HO policy has medpay which will cover actual medical bills up to a limit regardless of liability for slip and fall. If you want more than that, you would have to prove we were at fault. Liability would either be based on duty (we are legally required to remove snow from sidewalks in front of our property and leading to the door in my city) or negligence. The case law in my state makes property owners liable in negligence only when they knew or should have known of a defect/hazard and failed to correct it/them and that hazard/defect was the cause of the injury so long as you were in compliance with the law.
 
MaggieD said:
Actually, I do. ;)

I need to hire a caregiver (almost a babysitter, really) for my mom. I just brought her to live with me at least temporarily. She can't be left alone for more than 30 minutes, probably. Certainly not an evening. I could hire someone for $15 an hour who would be ecstatic about a job like that -- but I can't because I would be opening myself up for a serious lawsuit if something happened. Going through a service? Probably $30 an hour minimum.
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Maggie, you may find benefit by adding a personal liability policy to your insurance... $1 mil isn't very expensive usually. I am curious as to why your homeowner policy would not cover it... a quick call to your ins. agt. might help.
Have a great day
Thom Paine
 
MaggieD said:
Actually, I do. ;)

I need to hire a caregiver (almost a babysitter, really) for my mom. I just brought her to live with me at least temporarily. She can't be left alone for more than 30 minutes, probably. Certainly not an evening. I could hire someone for $15 an hour who would be ecstatic about a job like that -- but I can't because I would be opening myself up for a serious lawsuit if something happened. Going through a service? Probably $30 an hour minimum.
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....because the service has insurance, worker's comp, and a license to operate...everything you were just complaining about being responsible for.

What's the deal here Mag? If you want cheap, then you will be on the hook for an injury. If you want off that hook, it's going to cost you. You can't have both.

If you hire a private worker for $15PrHr and they get injured and you're on the hook for, say, a $20,000 medical bill, how does that compare to hiring a professional service at $30PrHr where you are not on the hook for that bill? You would have to buy over 650 hours from the professional service before braking even with that medical bill. Are you really going to need 650 hours of babysitting this year? If not, then hire the $30PrHr professional service.
 
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Jerry said:
....because the service has insurance, worker's comp, and a license to operate...everything you were just complaining about being responsible for.

What's the deal here Mag? If you want cheap, then you will be on the hook for an injury. If you want off that hook, it's going to cost you. You can't have both.

If you hire a private worker for $15PrHr and they get injured and you're on the hook for, say, a $20,000 medical bill, how does that compare to hiring a professional service at $30PrHr where you are not on the hook for that bill? You would have to buy over 650 hours from the professional service before braking even with that medical bill. Are you really going to need 650 hours of babysitting this year? If not, then hire the $30PrHr professional service.
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Of course you're right, Jerry. Which is what I'll do.

But. You know how professional associations have guilds that let them buy group insurance? Why not a guild that lets homeowners buy Worker's Compensation? That's what I'm talking about really.

@ Thom -- I checked a few years ago when I first hired an every-other-week housekeeper. (I use a service for that reason.) The insurance agent was appalled that I'd even ASK. :rofl Appalled, I tell ya'.
 
Can't you claim ignorance? It's your word against theirs.
 
Hiring Workers in Your Home: Legal Requirements | Nolo.com
"
In general, the more control you exercise over the worker, the more likely it is that you'll be considered the "employer" by any of these agencies. If you hire the person to work certain hours, direct what the person does and how it's done, and the person works only for you, you're probably an employer. For example, a nanny you hire to watch your children each day will more than likely be considered an employee.
On the other hand, if the person offers services to the general public, furnishes the needed equipment or tools, and controls how and when work is done, the person is more likely an independent contractor. Gardeners or trained professionals like electricians are commonly independent contractors. (To learn more about who qualifies as an employee, read Nolo's article Independent Contractor or Employee: How Government Agencies Make the Call.)
"
 
MaggieD said:
Actually, I do. ;)

I need to hire a caregiver (almost a babysitter, really) for my mom. I just brought her to live with me at least temporarily. She can't be left alone for more than 30 minutes, probably. Certainly not an evening. I could hire someone for $15 an hour who would be ecstatic about a job like that -- but I can't because I would be opening myself up for a serious lawsuit if something happened. Going through a service? Probably $30 an hour minimum.
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When I was taking care of my mom, I was able to hire people from a service for much less than that and they were covered for injuries incurred on the job.
 
Superfly said:
:lol: :lol: Uhhhhhhh NO!?!

Oh NoC_T, you so crazy.
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Just say they're lying. You shouldn't have to pay for their stupid asses.Throw them the **** out of your house and say they came banging on the door, covered in blood.
 
The OP leaves out the idea that family(or their insurer)can sue as well, like if mom or other family/friends fall down in your home and their insurance finds out it was due to homeowner negligence or what if they have no insurance at all.

Do you ask friends and family if they have insurance coverage before you let them enter your home ?
 
Utility Man said:
The OP leaves out the idea that family(or their insurer)can sue as well, like if mom or other family/friends fall down in your home and their insurance finds out it was due to homeowner negligence or what if they have no insurance at all.

Do you ask friends and family if they have insurance coverage before you let them enter your home ?
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Big difference. Standard homeowners' insurance covers accidents in your home. Most people have mortgages; thus most people have homeowners' insurance. If one doesn't? The remedy is easy.
 
MaggieD said:
Actually, I do. ;)

I need to hire a caregiver (almost a babysitter, really) for my mom. I just brought her to live with me at least temporarily. She can't be left alone for more than 30 minutes, probably. Certainly not an evening. I could hire someone for $15 an hour who would be ecstatic about a job like that -- but I can't because I would be opening myself up for a serious lawsuit if something happened. Going through a service? Probably $30 an hour minimum.
Click to expand...

Is there some type of legal contract you could get them to sign, which states that they are responsible for their own medical care, should something unexpected happen during their time on the job in your home?
 
lizzie said:
Is there some type of legal contract you could get them to sign, which states that they are responsible for their own medical care, should something unexpected happen during their time on the job in your home?
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Thanks, Lizzie. I wouldn't trust it if they did. While I wish there was another prudent route to go, I'll go through a service. The price tag is more expensive, but at least I'll be insulated from liability that way. And since they're licensed, etc., if I DO have any liability, my own homeowners and $1 million umbrella will come into play.
 
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