When any injury occurs, there’s a certain amount of concern felt by all
involved parties. When the injured party is your nanny and she was hurt on the
job, however, it can be an entirely different ballgame. Suddenly, there’s what
seems like a sea of paperwork and bureaucratic red tape to fight your way
through, along with the added pressure of finding a way to accommodate your
nanny and her injury while finding a substitute for your out-of-commission
primary childcare provider.
Have Insurance
One of the first and most important things to do when a domestic worker
is injured is to contact your insurance company. Hopefully you’ve been
compliant with state and federal tax laws, and have either added a worker’s
compensation rider to your existing homeowner’s policy, or have procured
adequate worker’s comp insurance through other avenues. Depending on the state
in which you reside, worker’s compensation is likely to be a mandatory part of
employing a domestic worker; without that coverage, you can find yourself in
fairly serious hot water. That being said, the first thing you should do upon
discovering that your nanny has been injured is to see that she receives the
medical attention she needs, and then you should immediately contact the
insurance company that carries your worker’s compensation policy.
Worker’s compensation insurance is designed to cover the medical costs
and compensate your nanny for lost wages for such time as she is unable to
work, regardless of who is at fault. Whether she was injured as a result of
your negligence, by her own fault, or due to an outside factor, she will be
provided for under the terms of the policy. In most states, accepting a
settlement from your insurance company means that your nanny has forfeited the
right to bring civil charges against you for pain and suffering.
Contact Your Attorney
Though it may seem insensitive and unfeeling to call your attorney the
moment that your nanny is injured, it’s in your best interest to do just that.
Until she’s accepted a worker’s compensation settlement, your nanny could still
file a civil suit against you, especially if her injury was the result of
unsafe working conditions. Informing an attorney that a domestic employee has
been injured on the job and requesting legal counsel is the single most
effective way of protecting yourself until your nanny either accepts a worker’s
comp settlement or makes the decision to take legal action. Should she choose
the latter, you’ll already have an attorney who understands the intricacies of
your case and is ready to go to bat for you.
Determine How Long She’ll Be Out of Work
Depending on the nature and severity of her injury, your nanny might be
unable to work for an extended period. Her physician should be able to give her
an estimate regarding when she’ll be reevaluated and a tentative possible
return date, but you’re unlikely to get a more precise time frame if the injury
is a fairly serious one. If she’s released to light duty, it’s important that
you discuss with both your nanny and her physician what that “light duty”
entails, so that you can begin to make plans for either an alternate childcare
provider during her convalescence or supplemental care while she’s under
restriction. It’s very important that you don’t ask her to perform tasks that
could further aggravate her injury, and that you make every possible concession
during a restricted or light-duty period. The well-being of your nanny and her
future as an employee in your home rests largely upon the way that you react to
her injury and the accommodations that you make during this difficult time.
Take Steps to Minimize Risks and Prevent Future Injuries
If the source of your nanny’s injury was something that could have been
avoided, it’s a smart move to take immediate steps to eliminate the problem
that will prevent any future recurrences. Addressing any safety issues in your
home is as important for the well-being of your household as it is for
preventing future insurance claims, so it’s best to make any necessary changes
as soon as possible.
The laws that govern workers compensation and injured domestic employees
vary from state to state, so it’s important to acquaint yourself with the
proper procedures and relevant statutes in your area before misfortunes occur.
Familiarizing yourself with the laws and regulations as a precaution will
eliminate the need to decipher complex wording during the already-stressful
time of managing a nanny’s injury.
Source: enanny
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