If you’re a nanny or an au pair, the odds of getting hurt on the job may seem low. However, there are a number of accidents that could happen while taking care of children. Unfortunately, as much as our Clearwater workers comp attorneys want to help, it is rare for a domestic worker like a nanny to receive benefits.
Just because you aren’t entitled to workers’ compensation benefits, that doesn’t mean you don’t have options. We will discuss these options here and, hopefully, answer any questions you may have.
What Kind of Injuries Would a Nanny or Au Pair Suffer on the Job?
Just like a lot of people don’t believe a remote worker can suffer a workplace injury, people think the same thing about a nanny. However, when one considers that a nanny spends almost the entire day (or night) with children, it’s easy to imagine them getting hurt.
Some of the more common injuries suffered by nannies and au pairs include:
- Motor vehicle accident
- Premises liability injury
- Product liability injury
- Broken bones
The types of injuries you may suffer as a working nanny are limitless. What your Clearwater work injury lawyer must prove is that you suffered your injuries while on the job.
If you do need to sue your employer, you’ll likely have to prove that they were negligent as well.
Almost All Employees in Florida Are Entitled to Workers Compensation Benefits
For the most part, if you’re a worker in Florida, you’re eligible for workers compensation benefits. Most companies that employ at least four employees are required to carry workers compensation insurance.
This is intended to cover the cost of any medical care an injured worker requires. It is also there to pay an employee’s weekly benefits under workers compensation. Unless you fall into a handful of categories of workers who aren’t eligible for workers comp, you shouldn’t have a problem filing your claim.
There are certain professions, however, that are not entitled to workers compensation. These include the following:
- Federal employees
- Railroad employees
- Domestic workers employed by a household
- Independent contractors
- Casual workers
This may not be an exhaustive list. However, it gives you a good idea of whether you’ll be eligible for benefits should you get hurt on the job.
Only Employers With Four or More Employees Are Required to Carry Workers Compensation Insurance
Aside from the fact that nannies and other domestic workers in private homes aren’t classified as employees, there is another problem.
Employers are not required to carry workers compensation coverage unless they have four or more employees. This means that you may not be entitled to workers compensation benefits. It is rare for a family to employ four or more full-time staff.
The odds of your being able to claim workers compensation benefits are quite low, regardless of your position.
Your Clearwater Workers Comp Attorney Can Look to See if Your Employer Voluntarily Purchased Insurance
The first thing your Clearwater workers comp attorney will do is check to see if your employer has insurance. Some families are truly concerned about their employee’s well-being. Even if they aren’t legally required to carry insurance, they may do so voluntarily.
If this is the case, there’s a chance that your Clearwater work injury lawyer will be able to file an insurance claim after all. It depends on several factors. For example, what type of policy is it? Does it specifically cover medical bills for an injured worker?
If You Aren’t Eligible for Workers Comp, What Options Do You Have?
Normally, our Clearwater workers comp attorneys tell our clients that they don’t have the option of suing their employer. However, if you fall into one of the special categories, filing a lawsuit against your employer may be a viable option.
Or you may learn that your employer voluntarily purchased workers comp insurance to cover you and the other domestic workers at their home. Call our Clearwater work injury lawyers to find out your options.
You May Be Able to Sue Your Employer for Damages
If you’re left with no option other than filing suit, don’t feel like you’re alone. Our Clearwater work injury lawyers have helped hundreds of people in your situation. We know what it’s like to be afraid of how you’ll pay your medical bills.
We also know how you must feel when you lose your income due to a workplace injury. Unfortunately, we cannot force your employer to cover you under insurance. However, we can help you file a claim against your employer. This may be the only way you can receive compensation for your injuries.
There’s a Good Chance Your Attorney Will Settle Your Case
Some of our clients are afraid to sue their employer. They fear that they won’t be able to get another job as a nanny or au pair. There are a few things to keep in mind that should put your mind at ease.
The first thing to remember is that, even if you have to sue the family you work for, they may have an insurance policy that covers them in situations like this.
The second thing you need to remember is that it’s not fair that you should be expected to pay your own medical bills. If your injuries happened on the job, then it’s only fair that your employer should pay for your associated bills and expenses.
If your Clearwater work injury lawyer does end up suing your employer, there is a good chance they’ll settle your case. The odds of other families in the community learning about what happened are not as high as you may think. This is especially true if the family has insurance to pay your damages.
Call Our Experienced Clearwater Workers Comp Lawyers Today!
It’s one thing to handle your workers’ compensation claim alone. It is quite another to handle a lawsuit against your employer. This is why we recommend you contact our Clearwater workers comp attorneys as soon as possible after your accident.
We understand how frustrating it can be to learn that you aren’t entitled to workers’ compensation benefits. Usually, our clients don’t find this out until after they’ve suffered their workplace injuries.
Rather than wait weeks or even months, you should contact our seasoned Clearwater work injury lawyers sooner rather than later. We offer all new clients a free, initial consultation. This means you can discuss your case with an expert free of charge.