Implications of not having purchased workers comp

[Anonymous]

Question for fellow MBs or nannies who know a bit about workers comp. Our nanny has been with us almost a year and a half and I still have not yet purchased workers comp, which is required here in DC. Clearly I need to get on this! Are their implications of not having purchased it from the beinning of her employment - i.e. am i liable for back payments? in the event that she were laid off would she get less money? I want to know if I am in the clear if I go ahead and purchase it, or if I need to do some sort of damage control... Thanks in advance for any information you may be able to share!

[Anonymous]

Workmam!s comp is to pay her when or if she os hurt or injured while working for you, otherwise she can sue you.

[Anonymous]

Op here, I feel like a total idiot - thanks, PP for pointing out what should have been obvious to me. I mistakenly thought it also covered things like being layed off w/out cause, not just being injured on the job.

[Anonymous]

You're confusing workers comp and unemployment insurance.

[Anonymous]

What is workers comp and what do you do if nanny hurts herself and later starts claiming it was while at work doing basic nanny stuff (hurt arm on the car seat, lifting child, pulling straps, etc.) but you have no way of knowing? Do you settle this in court?

[Anonymous]

Hurt herself carrying a child around?
Sounds like she is incapable of doing a nanny job. And may have had a different injury and her basic stuff is aggravating it.
Workers comp is for clear trigger events that happened at work/at the employer's and caused an injury.
Pulled muscles? Again, should go away quickly otherwise sounds like she is incapable of doing a nanny job.

[Anonymous]

In recent OP's case I'd be more concerned with the safety of my child and the nanny covering up her ailments to keep her job. Hurt arm or wrist or whatever is an further accident (in your house and possibly with the child) waiting to happen. Then you'd be dealing with workers comp, unless her doctor has on record her issues and she didn't communicate them. For example of her doc said no lifting things for 4 weeks and wear this sling and she wasn't, big difference and risk.

[Anonymous]

Worker's comp is primarily to cover you in case of on the job injuries - for instance, nanny slips and falls on your property.

You would be liable for all medical charges so workers comp covers those costs. It's insurance for employee injuries on the job - just like at your office.

Your risk in not having purchased it thus far is only in the daily risk of her being injured - not for any retroactive premiums or penalties.

You are not alone in this OP. It's easily fixed if you're worried, and it's also a risk many employers take.

[Anonymous]

he risk is all to you ... if you have any money, that is. If you are living paycheck to paycheck, and the nanny gets injured on the job, and if DC requires you to have worker's comp (I have no idea -- I know MD does), then you might face some kind of legal action when her insurance company comes after you and there's no money to pay for her medical bills.

If you do have money, WC should protect you from a huge lawsuit.

Otherwise, without WC what you risk is
1. Being on the hook for all medical bills related to the injury, even if she has health insurance (her insurance company will seek to recover what it pays out, since you should have had WC).
2. Being on the hook for lost wages due to the medical condition (this is different from unemployment insurance which kicks in when someone is let go).
3. An endless period of litigation and lawyer bills while you fight what seem to be overcharges and the nanny fights for what seem to her to be reasonable coverages.

I found WC expensive (it's even more expensive where I live now, in Georgia), but it brought me a lot of peace of mind. Every time I'd look outside in Silver Spring and see the snow and ice, I'd think it was money well spent to protect her and us. I would have felt like a huge asshole fighting the charges if our nanny got injured on the job, and with WC, I didn't worry about it bankrupting us, either.

[Anonymous]

how does one prove they got hurt on the job?
does insurance and the system usually side with the nanny?

[Anonymous]

When you go to the hospital/doctor for an injury, there is often a form that you sign that asks if this condition occurred on the job. If someone says "yes," then worker's comp is often involved. They will ask you to verify the injury; if there's a dispute, then I guess it goes into some kind of investigation.

I have no idea who they usually side with. You just have to hope people are honest. This is one of the main reasons, however, that we pay for our nanny's health insurance. That way, I know she's covered, and she has very little incentive to claim she was hurt at work.