Am I Liable If a Caregiver Gets Hurt in My Home
In most cases your homeowners or renters liability coverage responds, but if you employ the caregiver directly you may need separate coverage.
It depends on whether the caregiver is your employee
If a home health aide or caregiver is hurt while working in your house, your homeowners or renters policy's liability and medical payments coverage usually handles it, the same way it would for any other visitor who gets hurt on your property.
That changes if you hired the caregiver directly rather than through an agency. Someone you pay and direct the work of can be considered your employee, and an injury to an employee is often excluded from a standard homeowners policy. That's where workers' compensation or a separate policy comes in.
How the caregiver is hired changes everything
If the caregiver works for a home health agency, the agency is typically their employer. The agency usually carries workers' compensation and its own liability coverage, and that coverage is generally what pays first if the caregiver is hurt.
If you hired the caregiver yourself, paid them directly, and set their hours and tasks, you may be considered a household employer. Many states require household employers to carry workers' compensation insurance once they have even one employee in the home. The rules on when this kicks in are set by the state, so check with your state's labor department or workers' compensation office to find out if it applies to you.
Some homeowners insurers offer an endorsement for household employees, which can fill the gap a standard policy leaves. Ask your insurer directly whether your policy covers this or whether you'd need to add it.
If you're not sure how the caregiver is classified, ask the agency for their workers' compensation certificate, or ask your insurer how they'd view the arrangement.
What your policy actually covers
Standard homeowners and renters policies generally include liability coverage for injuries to guests and visitors, along with medical payments coverage that can pay a caregiver's medical bills regardless of fault, up to the policy's terms. This is usually what responds if a caregiver trips on a rug or falls on your stairs.
Most policies carry an exclusion for injuries to someone you employ, since that's what workers' compensation is meant to cover instead. If your caregiver counts as your employee and you don't carry workers' compensation, you could be left paying out of pocket for their medical care or facing a liability claim with no coverage behind it.
It's worth calling your insurer and describing the arrangement exactly as it is: who hired the caregiver, who pays them, and how many hours they work. The answer can differ depending on those details, and your insurer can tell you whether your current policy covers the situation or whether you need an endorsement or a separate workers' compensation policy.
Questions people ask about this
Does workers' compensation apply to a caregiver in a private home?
It can, if the caregiver is considered your employee rather than an independent contractor or agency worker. States set their own rules for when a household employer must carry workers' compensation, so check with your state's labor or workers' compensation office.
What is the difference between hiring a caregiver privately and through an agency?
When you hire privately, you typically control the caregiver's schedule and tasks and pay them directly, which can make you their employer. An agency caregiver works for the agency, which usually handles payroll, taxes, and insurance on their behalf.
Does my homeowners insurance cover medical bills for an injured caregiver?
It depends on whether the caregiver is classified as a guest or as your employee. Medical payments coverage on a standard policy often applies to visitors, but many policies exclude injuries to people you employ.
Can I be sued personally if a caregiver gets hurt in my home?
Yes, a caregiver who is injured can bring a claim against you, the same as any other visitor could. Whether your insurance covers the claim depends on how the caregiver is classified and what your policy excludes.
Do I need a separate policy if I hire a caregiver directly?
You may need a workers' compensation policy or a homeowners endorsement for household employees, depending on your state's requirements and how your current policy is written. Ask your insurer directly what your policy includes before you hire.
Compare quotes that account for a caregiver working in your home.
Before anything happens, call your homeowners insurer and describe exactly how the caregiver is hired and paid. Ask whether your policy's liability and medical payments coverage would apply, or whether the caregiver counts as your employee under the policy's terms. If they're your employee, check with your state's labor or workers' compensation office to find out whether you're required to carry coverage. Ask your insurer whether they offer a household employee endorsement, and get the agency's insurance certificate if the caregiver works through one. Keep a copy of whatever you're told in writing.
