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.