Nannies, COVID, and Liability

[Anonymous]

Anyone explore or know what a families liability would be if they hire a nanny or a babysitter and the family (and nanny) contracts COVID? We are thinking about moving from a daycare to a nanny situation for next year, but this is an issue I know nothing about.

[Anonymous]

I thought About this too but decided it would likely fall under workman’s comp

[Anonymous]

I don’t think it’s an issue unless you demand she work when anyone in your home is ill.

[Anonymous]

Worker’s compensation insurance and unemployment insurance will cover you, as long as you also pay legally.

[Anonymous]

Anonymous wrote:Worker’s compensation insurance and unemployment insurance will cover you, as long as you also pay legally.

There is a lot of debate in the workers' comp community relating to whether Covid would be covered and what level of proof would be necessary. Leaving aside the question of whether an ordinary disease of life can be considered a work related injury, unless someone in your family that the nanny comes into contact with actually has Covid, then I don't see how you could make a case for workers' comp. Given the high costs of this disease, insurers are going to fight it. If your family does get Covid, you should certainly tell your nanny so that proper precautions can be taken or your nanny can quit.

I don't think it's so clear cut. I am not an unemployment lawyer so I will not comment on that.

[Anonymous]

I’m a nanny and if my bosses don’t tell me when they get symptoms, I will be going after them 100%. They are selfish and reckless, so I won’t hesitate to sue.

[Anonymous]

OP Here. I would definitely tell a nanny the moment someone showed symptoms, but given that people can be contagious but asymptomatic or asymptomatic, its not so clear cut. If someone in the family got COVID, and then the nanny got COVID as well, would there be a liability for the family or would that be covered by Workmans Comp or UI?

[Anonymous]

Liability usually stems from an action... at least negligence. So, if you were an asymptomatic spreader of Covid, what was your negligence? Also, how does the nanny know she got it from you if you were asymptotomatic?

[Anonymous]

Also UI is unemployment insurance. That does not cover any personal liability for spreading around Covid.

[Anonymous]

Why would you be liable for this? I guess maybe if you had a positive test or were in close contact with someone positive and didn’t inform the nanny? Maybe, maybe in that instance, but still unlikely.

[Anonymous]

Anonymous wrote:Also UI is unemployment insurance. That does not cover any personal liability for spreading around Covid.

It would cover the nanny being furloughed while the family recuperates... It would also provide income to a nanny who got sick while she couldn’t work for weeks/months.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Also UI is unemployment insurance. That does not cover any personal liability for spreading around Covid.

It would cover the nanny being furloughed while the family recuperates... It would also provide income to a nanny who got sick while she couldn’t work for weeks/months.

This is true, but the OP is asking about her family’s liability due to Covid.

[Anonymous]

Anonymous wrote:OP Here. I would definitely tell a nanny the moment someone showed symptoms, but given that people can be contagious but asymptomatic or asymptomatic, its not so clear cut. If someone in the family got COVID, and then the nanny got COVID as well, would there be a liability for the family or would that be covered by Workmans Comp or UI?

As far as workers' comp, it is not clear that workers' comp would apply. COVID is a disease of life and that is not something typically covered. But, you never know what will happen in litigation, which would also require that she prove by a preponderance of the evidence that she acquired the virus at work. I do know a couple of attorneys who took some Covid claims but then dropped them.

For UI, it is not clear to me that she would be covered since that covers you only if you are able to work but don't have a job to go to.

As far as the family's liability, I don't know what theory one would use to hold you responsible. Maybe negligence if you are going out to bars and not socially distancing or something else that is really risky.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Also UI is unemployment insurance. That does not cover any personal liability for spreading around Covid.

It would cover the nanny being furloughed while the family recuperates... It would also provide income to a nanny who got sick while she couldn’t work for weeks/months.

In order to collect unemployment benefits you must be able to work and actively looking for a job. If you have Covid then you cannot be looking for work.

[Anonymous]

Unless your nanny lived with you, cooked her own food and never went out, she probably couldn’t prove who gave it to her since it can take 14 days to show symptoms after catching it from someone who could be asymptomatic.