Who is responsible for the injuries to someone who is working at your residence? In California, the employer is the responsible party regardless of how the injury occurs and whether or not the injury is due to the employee’s negligence or merely an accident.  The “employer” can vary depending on each individual situation, but generally if you hire an individual or group of individuals to work at your residence, you are the employer. If you hire a contractor, service or a business entity, the entity you have hired is the employer and you are not.

Why does it matter who is considered to be the Employer? In California, worker injuries are the responsibility of the employer. This means the cost of medical care and/or potential disability payments are to be paid for by the employer’s Workers’ Compensation insurance company. The Workers’ Compensation system is a “no-fault” system which means when a worker is injured, they are covered by Workers’ Comp benefits. So, what happens when you hire an individual to work in your yard or clean your house, and they sustain an injury? You are not a business with a Worker’s Compensation insurance policy, but you are the employer! In most cases, your homeowners insurance policy covers this type of exposure as long as the worker does not work for you full-time and only provides occasional services.  If you are the sole employer of this worker, you may be required to procure a Worker’s Compensation insurance policy.

Workers’ Compensation insurance coverage for workers is a requirement of the law and COVID-19 has presented a lot of new challenges in this area.  If a worker contracts Covid-19, the presumption is that an employed person has been exposed or contaminated through employment. In order to make sure you are protected as the employer (or not), we encourage you to discuss your situation with one of our professionals.

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