Hi, We have a few caregivers who come help with my mom and 100-year-old grandmother's activities of daily living. They are paid cash, don't have a contract, don't hold any certifications or training for this work. Where can I get a waiver of liability, for them to sign, in case they were to hurt themselves on the property / job, e.g. helping Grandma? We have great relationships with these people, they are clearly here by choice, and are almost like family, but you never know what can shift in a person when they get hurt or feel they have been wronged in some way, and know that the family has money they could go after to feel compensated. Thank you.

This question has been closed for answers. Ask a New Question. you do understand that paying them under the table is illegal...right? You do realize that you are likely to be caught...right?

Your home owner's insurance will pay nothing..because you were breaking the law.

What happens when your caregivers go to the state labor board for compensation? You get caught. What happens when they file for unemployment? You get caught. There is a lot of incentive for the caregiver to seek compensation through legal means...every penality, fine, and payment will fall exclusively on you (your grandma). And the resulting costs far exceed just doing this right to start with.
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Caregivers are normally employees so payment of Medicare, social security, disability state and federal taxes are required by law. To keep grandma out of trouble with the labor department see an elder law attorney to help set this up legally.
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I wouldn't push your luck Alli as you are already in a vulnerable position. All those workers have to do is report you for not filing taxes on their income or you not making sure they are independent contractors filing their own taxes. It's ironic you are willing to do something illegal but want protection from paying any costs incurred from taking care of your elderly family members.
So you are saying if they hurt themselves on the job they are to self pay for care of such injuries? That is not fair to them.
You are reaping the benefits of those caregivers daily, but want them to sign a waiver forgiving you for treatment of  ligitimate work related injuries? Would you do that if you were an employee? I think probably not.
Whatever happened to "do unto others as you would do unto yourself "? (Paraphrasing here)
That's just not nice.
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Alli, I think you're flirting with a potential legal nightmare.

Think of it in these terms: they're employees, but you're not providing liability coverage. In Michigan, to provide workers' comp coverage you'd have to have a professional, not a homeowner's, policy, at a cost of $750 - $1000 a year.

If I were a worker, I would never sign a waiver of liability. How would they be able to get medical help if there were an accident? Given that you seem to like these workers, would you want to put them in that situation?

I used to work temp assignments through legal agencies; I was never covered by insurance and when I was once injured, the expenses were out of pocket. That was a hard but good lesson.

Since the family has money, perhaps you could pay them more so that they might be able to afford insurance, or at least have supplemental funds in the event of an accident.

I'm not convinced that a waiver of liability would protect you, especially since you're in the position of hiring people "literally" under the table (paying them in cash.)

If you really want to go this route, have an attorney draft the waiver. No offense intended, but most people wouldn't have the background to prepare liability waivers. They can be complex and tricky for someone without legal experience.
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I just had a tree service here to get an estimate. Tree trimming is, of course, fairly risky work. The estimator handed me two papers. One showing that the company paid in to workman's comp, and the other that they had liability insurance.

Either the person doing the work should have insurance coverage (in this case the company doing contract work) or the person doing the hiring should.

My son makes his living as a handyman. A landlord had some work to be done on a rental property, but it had to wait until he took out additional insurance to cover the workers.

In any work situation there should be some contingency plan for what would happen if someone, or some property, were injured in the course of the work.
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AlliBrook, sounds like your Mom and/or Grandmother doesn't have "workman's comp" rider on her homeowners insurance. It is extremely important to have that rider if you have employees [paid caregivers] in their house.

Even if the Caregivers did sign the waiver of liability, it would not hold up in Court. The Caregivers could still sue you.
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I hate scenes when people huff "if you don't know what's wrong there's no point in telling you!"

But seriously? You are employing these people. They have rights. I quote: "the family has money they could go after to feel compensated." Then how about you use some of it to treat them with a little more respect?

You must have a great relationship with them or they'd have high-tailed it to a lawyer's office already.

"They're clearly here by choice..." Give me strength. ALL employees, in our current political system anyway, are in their jobs by choice. What the heck difference does that make?
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Alli, I certainly would not sign such a waiver and I can't think of why your caregivers would. Check that your home-owners insurance would cover an accident in your home -- it might not, since they are technically your employees (even if you are not acknowledging that).
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