There are more than two million domestic workers in the United States. These individuals take on the roles of housekeepers, nannies, caregivers, and home health aides. These jobs are incredibly important, and they can present some unique risks. Domestic workers are often exposed to situations that could be dangerous to their health. Some examples include:
- Exposure to bodily fluids
- Heavy lifting of objects or persons
- Exposure to hazardous chemicals
- Exposure to client pets/animals
- Exposure to illnesses
While the jobs performed by domestic workers are incredibly important, there is a disparity in how domestic workers are treated, and the benefits they are entitled to.
Can Domestic Workers File a Workers’ Compensation Claim?
A general search of workers’ compensation laws will tell you that domestic workers are not classified as “employees” and therefore, are most likely not eligible for workers’ compensation benefits if they are injured on the job. However, California is one of few states that offers some level of protection for domestic workers.
Under California law, full time domestic workers may be entitled to workers’ compensation benefits, even if they are working for an individual and not a business.
- Inside workers (nannies, housekeepers, etc.) must work at least 20 hours per week to be considered full time.
- Outside workers (landscapers, etc.) must work at least 10 hours per week to be considered full time.
In order to qualify, the domestic worker must meet the following requirements:
- Have worked at least 52 hours over the period of 90 days prior to the accident
- Earned at least $100 in wages
If you meet all of these requirements, you may be able to file a workers’ compensation claim if you have been injured while on the job. Unfortunately, it can be difficult to determine whether you qualify, and if so, how to proceed. Contact the Law Offices of George S. Henderson to speak with our workers’ compensation attorney about your claim.