Nanny injury?

[Anonymous]

Anonymous wrote:Call your nanny and get the whole story. I think it’s really strange that you’re questioning this unless there is a history of deception. And if there is a history of deception, then why is she still your nanny? Getting kicked in the head especially by an eight year old who might be flailing or moving can certainly cause an injury. Would You need the medical and hospital info to run it through your Home insurance for personal injury ?

Your daughter is eight. Ask her what happened and make sure she knows she’s not in trouble in case she did accidentally kick. She may have kicked and not noticed.

I did call her at the end of the day yesterday. I left a vm to ask about how her son was doing because I thought she was back at the ER with him, I had no idea that she was there with her own injury. She’s technically our housekeeper and she comes in at 7am each day as I’m leaving so I only communicate with her via text usually. The last few weeks I’ve been wondering if she’s doing a trial or interviewing somewhere else as she’s missed about two days a week.
I guess I just don’t know her well enough to understand the full situation. Our last nanny was a very important part of our family, she still is, but this one is new and her role is totally different.
My DD doesn’t remember it but thanks I did tell her she’s not in trouble I was just trying to understand it.

[Anonymous]

Anonymous wrote:

Anonymous wrote:This is a workers’ comp matter. You need to report it to your insurance carrier. Depending on the jurisdiction, it’s pretty easy to make a claim. If you are in DC you can be subject to penalties if you don’t file a first report of injury and notice of controversion timely. Also, under workers’ comp, you are required to provide certain notices to your employee even if you don’t believe it happened. Thing about workers’ comp is that there is a presumption that what an employee says happened actually happened.

Call your carrier and report it now. You’re about to hit your first filing deadline.

Thank you. We called our insurance company and we’re waiting to hear back from them. If she went to the hospital and said she was injured at work then I think the claim comes directly to us? I’m not sure as we’ve never had a situation like this before

What happens next depends on your jurisdiction. Workers’ comp is mostly state law with a few exceptions they make it federal. In the DMV, each state and the district have very different procedures. The important thing is that you have insurance and you reported it. You should hear back shortly but honestly I’d call again in the morning - most carriers I know are closing at noon tomorrow and reopening Monday. If the first report is filed late, your carrier will blame you for not reporting it as soon as you knew and you’ll be stuck with the fine - which can be $1,000.

Your carrier will guide you and help you through any investigation they need you to do.

FWIW, here’s my take. Your daughter doesnt remember whether anything happened. A kick could cause a concussion. Medicals will provide you with objective information on the condition. Unless the medicals show nothing or you find another cause, it likely will be found to be covered under comp. You have insurance so you’re fine.

If this were my case, one thing I would wonder is what she will have to pay the ER. Given that she has no leave and she could be on the hook for a high medical bill if she doesn’t get comp weighs in her favor. You don’t risk this unless there’s something wrong. No one will care about her kid issues and stuff like that rarely sways any judge no matter how compelling you think it is.

The most important thing is getting her back to work as quickly and safely as possible. And be careful about anything that looks retaliatory.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:This is a workers’ comp matter. You need to report it to your insurance carrier. Depending on the jurisdiction, it’s pretty easy to make a claim. If you are in DC you can be subject to penalties if you don’t file a first report of injury and notice of controversion timely. Also, under workers’ comp, you are required to provide certain notices to your employee even if you don’t believe it happened. Thing about workers’ comp is that there is a presumption that what an employee says happened actually happened.

Call your carrier and report it now. You’re about to hit your first filing deadline.

Thank you. We called our insurance company and we’re waiting to hear back from them. If she went to the hospital and said she was injured at work then I think the claim comes directly to us? I’m not sure as we’ve never had a situation like this before

What happens next depends on your jurisdiction. Workers’ comp is mostly state law with a few exceptions they make it federal. In the DMV, each state and the district have very different procedures. The important thing is that you have insurance and you reported it. You should hear back shortly but honestly I’d call again in the morning - most carriers I know are closing at noon tomorrow and reopening Monday. If the first report is filed late, your carrier will blame you for not reporting it as soon as you knew and you’ll be stuck with the fine - which can be $1,000.

Your carrier will guide you and help you through any investigation they need you to do.

FWIW, here’s my take. Your daughter doesnt remember whether anything happened. A kick could cause a concussion. Medicals will provide you with objective information on the condition. Unless the medicals show nothing or you find another cause, it likely will be found to be covered under comp. You have insurance so you’re fine.

If this were my case, one thing I would wonder is what she will have to pay the ER. Given that she has no leave and she could be on the hook for a high medical bill if she doesn’t get comp weighs in her favor. You don’t risk this unless there’s something wrong. No one will care about her kid issues and stuff like that rarely sways any judge no matter how compelling you think it is.

The most important thing is getting her back to work as quickly and safely as possible. And be careful about anything that looks retaliatory.

OP - thanks so much, are you an insurance professional or an attorney? What do you think if we just pay her for the week, wish her a good holiday, and say see Monday? I assume that workers comp will cover the ER bill?

[Anonymous]

I gave myself a concussion bumping my head getting in the car. The doctor said it's not always related to the force of the hit/impact so much as the location.

And while I was out of work for the week following it, I was restricted. Even normal lamps gave me a terrible headache if too bright. Luckily, I have my own office and was able to work with my office lights off and my laptop screen dimmed. Even then, too much time on my laptop and I'd feel terrible. I also couldn't drive for a week after because of the dizzy spells that came and went. I even scumbled walking a few times.

Honestly, after going through one, I'd not want someone with a concussion caring for my kid.

[Anonymous]

Anonymous wrote:I gave myself a concussion bumping my head getting in the car. The doctor said it's not always related to the force of the hit/impact so much as the location.

And while I was out of work for the week following it, I was restricted. Even normal lamps gave me a terrible headache if too bright. Luckily, I have my own office and was able to work with my office lights off and my laptop screen dimmed. Even then, too much time on my laptop and I'd feel terrible. I also couldn't drive for a week after because of the dizzy spells that came and went. I even scumbled walking a few times.

Honestly, after going through one, I'd not want someone with a concussion caring for my kid.

Yikes did you feel better after a week? She’s taking the week off and I’m also off now for the next fee days. I know it’s possible she does have a concussion but I’m surprised she hasn’t just reached out directly to say so.

[Anonymous]

This sounds super sketch to me. I hope she doesn’t try to sue you next.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Your daughter is 8 and the nanny was getting her dressed? Does she have special needs? Is that why you can't ask the 8 yo what happened? I'm a little confused.

Yes we asked DD and she said she didn’t remember. Then she said she was rushing and trying to get her socks on, they were both sitting on the floor and she accidentally put her foot up as nanny was bending down. The fact that DD didn’t remember makes me wonder how bad it could have been

I don’t know what to tell you. Even your own daughter told you what happened. What exactly are you afraid of? Getting sued or you don’t wanna pay your nanny this time off?

We pay her on the books and we have workers comp. But we also have an employment agreement and she’s not entitled to PTO until she’s worked for us for 12+ weeks, she started in September so it’s ten weeks now. I wouldn’t mind paying her for the week if she legitimately hurt herself in my home and she can explain the whole thing to me. But the whole thing has been so random and now it’s the holiday week and it’s possible that she’s taking the week off with family, or that she’s really sick.

You can ask her for documentation of the required time off in order to qualify or FMLA or workers comp. If you are in DC and paying her properly, she’s entitled to the time off if she can document it. Just ask her.

FMLA does not apply unless OP has a huge household staff.

No, but if she’s in DC, the nanny qualifies for DC Paid leave for up to 12 weeks.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:This is a workers’ comp matter. You need to report it to your insurance carrier. Depending on the jurisdiction, it’s pretty easy to make a claim. If you are in DC you can be subject to penalties if you don’t file a first report of injury and notice of controversion timely. Also, under workers’ comp, you are required to provide certain notices to your employee even if you don’t believe it happened. Thing about workers’ comp is that there is a presumption that what an employee says happened actually happened.

Call your carrier and report it now. You’re about to hit your first filing deadline.

Thank you. We called our insurance company and we’re waiting to hear back from them. If she went to the hospital and said she was injured at work then I think the claim comes directly to us? I’m not sure as we’ve never had a situation like this before

What happens next depends on your jurisdiction. Workers’ comp is mostly state law with a few exceptions they make it federal. In the DMV, each state and the district have very different procedures. The important thing is that you have insurance and you reported it. You should hear back shortly but honestly I’d call again in the morning - most carriers I know are closing at noon tomorrow and reopening Monday. If the first report is filed late, your carrier will blame you for not reporting it as soon as you knew and you’ll be stuck with the fine - which can be $1,000.

Your carrier will guide you and help you through any investigation they need you to do.

FWIW, here’s my take. Your daughter doesnt remember whether anything happened. A kick could cause a concussion. Medicals will provide you with objective information on the condition. Unless the medicals show nothing or you find another cause, it likely will be found to be covered under comp. You have insurance so you’re fine.

If this were my case, one thing I would wonder is what she will have to pay the ER. Given that she has no leave and she could be on the hook for a high medical bill if she doesn’t get comp weighs in her favor. You don’t risk this unless there’s something wrong. No one will care about her kid issues and stuff like that rarely sways any judge no matter how compelling you think it is.

The most important thing is getting her back to work as quickly and safely as possible. And be careful about anything that looks retaliatory.

OP - thanks so much, are you an insurance professional or an attorney? What do you think if we just pay her for the week, wish her a good holiday, and say see Monday? I assume that workers comp will cover the ER bill?

Yes to both. Don’t take advice from an internet stranger. Your carrier will walk you through this. It’s new to you, but really a normal part of business. Call again in the morning and then relax.

[Anonymous]

Your daughter would have had to kick her extremely hard or she fall back and hit herself on something to get a concussion like that. She may have gotten one but it seems unlikely except if you have a violent child. Given she's taken a lot of time off, I'd ask for documentation of the child's surgery and of the ER visit with it including it was due to your child. And, I would not pay her for all the time off and start looking for a replacement. This sounds very strange. If she wanted off she should have just asked. It's reasonable with a child's surgery. No need to lie.

[Anonymous]

Anonymous wrote:This sounds super sketch to me. I hope she doesn’t try to sue you next.

Yes that is my primary concern.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:This is a workers’ comp matter. You need to report it to your insurance carrier. Depending on the jurisdiction, it’s pretty easy to make a claim. If you are in DC you can be subject to penalties if you don’t file a first report of injury and notice of controversion timely. Also, under workers’ comp, you are required to provide certain notices to your employee even if you don’t believe it happened. Thing about workers’ comp is that there is a presumption that what an employee says happened actually happened.

Call your carrier and report it now. You’re about to hit your first filing deadline.

Thank you. We called our insurance company and we’re waiting to hear back from them. If she went to the hospital and said she was injured at work then I think the claim comes directly to us? I’m not sure as we’ve never had a situation like this before

What happens next depends on your jurisdiction. Workers’ comp is mostly state law with a few exceptions they make it federal. In the DMV, each state and the district have very different procedures. The important thing is that you have insurance and you reported it. You should hear back shortly but honestly I’d call again in the morning - most carriers I know are closing at noon tomorrow and reopening Monday. If the first report is filed late, your carrier will blame you for not reporting it as soon as you knew and you’ll be stuck with the fine - which can be $1,000.

Your carrier will guide you and help you through any investigation they need you to do.

FWIW, here’s my take. Your daughter doesnt remember whether anything happened. A kick could cause a concussion. Medicals will provide you with objective information on the condition. Unless the medicals show nothing or you find another cause, it likely will be found to be covered under comp. You have insurance so you’re fine.

If this were my case, one thing I would wonder is what she will have to pay the ER. Given that she has no leave and she could be on the hook for a high medical bill if she doesn’t get comp weighs in her favor. You don’t risk this unless there’s something wrong. No one will care about her kid issues and stuff like that rarely sways any judge no matter how compelling you think it is.

The most important thing is getting her back to work as quickly and safely as possible. And be careful about anything that looks retaliatory.

OP - thanks so much, are you an insurance professional or an attorney? What do you think if we just pay her for the week, wish her a good holiday, and say see Monday? I assume that workers comp will cover the ER bill?

Yes to both. Don’t take advice from an internet stranger. Your carrier will walk you through this. It’s new to you, but really a normal part of business. Call again in the morning and then relax.

Thank you very much. We just got an email that they’ll call us tomorrow. Happy thanksgiving 🍁

[Anonymous]

Anonymous wrote:Your daughter would have had to kick her extremely hard or she fall back and hit herself on something to get a concussion like that. She may have gotten one but it seems unlikely except if you have a violent child. Given she's taken a lot of time off, I'd ask for documentation of the child's surgery and of the ER visit with it including it was due to your child. And, I would not pay her for all the time off and start looking for a replacement. This sounds very strange. If she wanted off she should have just asked. It's reasonable with a child's surgery. No need to lie.

She has family in town this week and we encouraged her to take the week off, or at least a few days. She had said she wanted to work because she missed a lot of work the last few weeks, we’ve been completely flexible with her around her son’s illness. I do think she might have just decided she wanted to have the week off but didn’t want to ask for it.

[Anonymous]

Do you pay into to wC and UI for her? She should make a WC claim for the hospital bill.
My kid just had a concussion. Symptoms typically worsen 2-5 days after injury and start to improve after day 7 but it can last for weeks.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:This is a workers’ comp matter. You need to report it to your insurance carrier. Depending on the jurisdiction, it’s pretty easy to make a claim. If you are in DC you can be subject to penalties if you don’t file a first report of injury and notice of controversion timely. Also, under workers’ comp, you are required to provide certain notices to your employee even if you don’t believe it happened. Thing about workers’ comp is that there is a presumption that what an employee says happened actually happened.

Call your carrier and report it now. You’re about to hit your first filing deadline.

Thank you. We called our insurance company and we’re waiting to hear back from them. If she went to the hospital and said she was injured at work then I think the claim comes directly to us? I’m not sure as we’ve never had a situation like this before

What happens next depends on your jurisdiction. Workers’ comp is mostly state law with a few exceptions they make it federal. In the DMV, each state and the district have very different procedures. The important thing is that you have insurance and you reported it. You should hear back shortly but honestly I’d call again in the morning - most carriers I know are closing at noon tomorrow and reopening Monday. If the first report is filed late, your carrier will blame you for not reporting it as soon as you knew and you’ll be stuck with the fine - which can be $1,000.

Your carrier will guide you and help you through any investigation they need you to do.

FWIW, here’s my take. Your daughter doesnt remember whether anything happened. A kick could cause a concussion. Medicals will provide you with objective information on the condition. Unless the medicals show nothing or you find another cause, it likely will be found to be covered under comp. You have insurance so you’re fine.

If this were my case, one thing I would wonder is what she will have to pay the ER. Given that she has no leave and she could be on the hook for a high medical bill if she doesn’t get comp weighs in her favor. You don’t risk this unless there’s something wrong. No one will care about her kid issues and stuff like that rarely sways any judge no matter how compelling you think it is.

The most important thing is getting her back to work as quickly and safely as possible. And be careful about anything that looks retaliatory.

OP - thanks so much, are you an insurance professional or an attorney? What do you think if we just pay her for the week, wish her a good holiday, and say see Monday? I assume that workers comp will cover the ER bill?

Yes to both. Don’t take advice from an internet stranger. Your carrier will walk you through this. It’s new to you, but really a normal part of business. Call again in the morning and then relax.

Thank you very much. We just got an email that they’ll call us tomorrow. Happy thanksgiving 🍁

You too.

[Anonymous]

I don’t mean to instantly sound skeptical but this is similar to what our long term nanny started pulling. She had been a part of our family for years, was incredibly well compensated, etc. Now that she’s an ex-employee, a lot has come to light and we were definitely taken advantage of. Obviously follow the rules and do what you need to do but I would ask for proof and documentation. I’d also predict this isn’t going to work just for the sheer unpredictability of her if she’s taken that much time off already. I hate things like this. Sorry!