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pamzimmrrt Asked September 2014

Who is responsible if agency caregiver gets injured on the job?

CG told mom a few weeks ago that dad had tripped over the bathroom rug, and caught himself on the door. Mom did not hear/witness this. This week CG told Mom that she had tripped over the same rug. It is non slip, and covers the majority of the floor. She is always short of money, and Mom is worried that she is setting something up for a lawsuit. ( I have had no issues with the gal, but lately Mom seems to be looking for an "out".. ) I said perhaps she is trying to nicely let Mom know rugs could be a fall hazzard.. But I got to thinking. I assumed this sort of thing would be covereed by agency insurance, and I just sent an email to the agency. Anyone have experience with this?
Thanks!!

pamzimmrrt Sep 2014
Yes she is Maggie! CG did not fall, just mentioned she caught her foot. The agency thinks she would be covered but is looking into it further. Plus they did aske me if we had any "issues" that had come up with the current CG in regards to this. And I am not planning to cancel the CG!! Worst case, we;ll have a new one sent and Mom does not want this! She just thinks they don;t need help. They live in my house with hubs and I, so it would be our HO insurance. Daughter is going to check into this for us. I believe we have an umbrella rider. And the rug will be up!!!
Thank you all!!

MaggieMarshall Sep 2014
#1 -- Ditch the throw rug. ;)
#2 -- Pam's right: Since she is not your employee, but an employee of the agency, she should be covered by Worker's Compensation for injuries on the job.
#3 -- It is doubtful your mom's homeowner's insurance would cover an injury to someone else's employee on your premises. In fact, if she were a direct employee of your mom's (not thru an agency), her homeowner's insurance wouldn't cover her either.
#4 -- Mom is probably over-thinking this. Wise though. If she were a slip-and-fall artist, she'd have transported to the hospital when she fell.
#5 -- If mom is, indeed, "looking for an out," this would NOT be the time to discontinue her services.
#6 -- Anyone can trip and fall on anything. Throw rugs present a particular hazard because of the change in floor level from one walking step to another. The lip of the rug often represents the hazard by slightly flipping up if one hits it just right.

I think mom's a pretty sharp cookie.

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Veronica91 Sep 2014
Does your homeowners policy have adequate medical coverage? At least $500K Make sure the agency is not cutting corners and treating it's personel as independent contractors? If the rug could be a problem take it up immediately. Don't ask for trouble

samara Sep 2014
Workmans comp insurance will try to get compensation from any situation where a known danger exists (like a machine without gaurd shields) If someone's arm got ripped off there's surely gonna be a lawsuit, and WC will be right there trying to minimize what they pay out. Source: close friend works for OSHA and relative who works for liability insurance Loss Dept.

pamstegma Sep 2014
The agency will have workmen's comp insurance, that should cover it.

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