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ncurren Asked April 2014

I have home owner's insurance and an umbrella policy. Are these sufficient to cover possible injuries to my home health care providers?

My insurance company is very vague about this and I need to know that I am covered sufficiently with liability insurance.

EXPERT Carol Bradley Bursack, CDSGF Apr 2014
I wouldn't count on that. Call your state Department of Labor's office for advice. You may have to increase your liability insurance with the company you have or take out a specific policy.

You are wise to look into this. Many people don't and live to regret it. Caregivers are at high risk for back injuries, especially if a lot of lifting is necessary.

We'd love to know what you find out from your state if you are willing to share. Each state can be different.
Take care,
Carol

igloo572 May 2014
If the health care worker is with an agency, then they will be covered by your state's workman's comp as the agency should be required to carry it. The group we used for my mom when she was recovering from rotor cuff surgery had their workers as employees and covered by their health & workman's comp (TX) & they were bonded too. The only thing that was an issue was that they could not drive my mom to her MD & PT appointments in their cars, my mom had to have them drive in her car & with mom's auto insurance coverage. I contacted State Farm on this and it was fine as long as it was only temporary and with mom's permission and they had a valid drivers license.

Now if you are hiring the worker directly, you could face a whole bunch of liability issues from being responsible for any accidents or thefts to your required responsibilities to pay them under IRS rules. They likely aren't going to meet the standard to be contract labor so IRS compliance falls on you.

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pamstegma May 2014
Here in NY the employer pays into the state workman's comp insurance pool and the state unemployment insurance pool. Check your state laws.

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