Does working as a 1099 caregiver for an agency protect me?

Speak to a lawyer, even for 1/2 hr. I worked on contract for 2 agencies (separate times) and one did bond me out, the other did not.

I did not feel comfortable having to 'use' my personal insurance should something go 'wrong'. As poorly as CG are paid, companies should not put the onus of insurance on the employee!

From what I understand, IRS does not allow this. As an aide you are not classified as self-employed or a contract worker. Those hiring you are your employers and as such should be taking out taxes and Social Security. And the SS they deduct should be matched by the employer. A 1099 holds you responsible for your own deductions. With a 1099 you will have to file because your earnings are reported to IRS and if taxes have not been deducted, that's your responsibility to pay them.

You need to call your local Labor board and verify what I have said.

IMO, as a contract worker you are responsible for your own insurance. That would be something u can ask the labor board too. I don't think this agency is on the up and up.

I wouldn't take the employer's word that she has insurance.  Ask specifics:   which company wrote the police?  What specifically is covered?   How much?  

You need to know specifically what liability you may have.  She's not hiring you as an employee for reasons, most likely that benefit her.

This is too serious an issue to just rely on someone's verbal advice.   You're entitled to more than that if she expects you to work under these circumstances.

In my state of MN, if the agency is your only client and they dictate everything concerning your workday, you are an employee and not a contractor. I know this because I've been in business for decades and have had both types. BUT, I don't know if this applies to caregivers and if it applies in your home state. You must check the labor laws online where you live. Ignorance isn't a legal defense should you get in trouble with the Dept of Rev or the IRS. I've been audited, so I know this is true.

I did some research, and the answer is it depends.

Many workers are incorrectly classified as 1099 contract workers.