Nannies are an integral part of a lot of American households. They are classified as household workers and are considered employees, not independent contractors.
However, nannies can also work in a risky environment, and when they get hurt or sick, do they qualify for workers comp?
What Does the Law Say?
Missouri workers comp laws say that companies with more than five employees are required to carry workers compensation insurance, apart from a few exceptions. However, even if nannies are considered employees under federal regulations, state law does not mandate their employer must offer them these benefits.
Since they are technically not independent contractors either, they cannot take out an insurance policy themselves. If you are directly employed by the person your work for, then it’s very likely you do not have workers comp unless your employer specifically has the policy. Ask your employer if they have it, and if not, make a case for it.
However, there are companies that offer nanny services, and if you are employed by them, and not directly by the household where you work, then most likely you have these benefits (unless there are less than five employees in the company).
It can be strange not to know if you are covered or not by these benefits. Your best chance of finding out is to talk directly to your employer and find out.
What Happens If You Get Injured?
If you have workers comp, then you will report the injury to your employer and file the claim for compensation. The insurance company will review the claim, and if it is approved, you can begin treatment. The only instance where your claim might be denied is if the company suspects your injury or illness is not work-related, but with the help of a Missouri workers compensation lawyer, you can effectively prove it is and get your claim approved.
The issue comes when you are not covered. In some cases, you may be able to cover the costs of your treatment through your health insurance. If your employer was also negligent and put your life at risk, another possibility you have is to file a personal injury claim against them, or even a lawsuit.
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What Can You Do?
You should talk to your employer and explain why it’s best to have these benefits. They may think they can cover the costs of your treatment through their existing household insurance, but these benefits generally only cover the family, not the person working in the house.
If you get injured out the job, reach out to a workers comp attorney as soon as possible. They can help you understand what your legal options are. Give us a call 24/7 at (816) 399-3706.