Many states require household employers to carry Workers Compensation insurance for their employees. The legal requirements for obtaining this insurance vary widely from state to state, with wages paid or hours worked usually the defining item, not job description.
Typically this insurance is available through commercial insurers. State insurance pools exist for those employers unable to obtain commercial coverage. These state pools are generally very expensive due to the higher risk levels present in the pool.
Domestic employers should discuss their requirement for this insurance with their Property/Casualty agent. You may also need to update your automobile insurance if your domestic drives your personal vehicle.
Obtaining Workers' Compensation Insurance: Commercial casualty insurers such as State Farm or Allstate are a good place to start. Bear in mind that they will generally require you to have other insurance such as homeowners, renters or automobile insurance with them to issue the workers' compensation policy. Where the insurance is legally mandated, a state fund exists as the provider of last resort. This is typically the most expensive method of obtaining coverage, as the fund must insure all applicants, regardless of risk.
Our STATE SPECIFIC HOUSEHOLD EMPLOYER GUIDES provide information and links for Workers' Compensation Insurance in that state.
WORKERS' COMPENSATION REQUIRED FOR FULL-TIME DOMESTIC EMPLOYEES: Colorado, Illinois, Kentucky, Michigan, New Jersey, New York, Utah, Washington
WORKERS' COMPENSATION REQUIRED FOR FULL- AND PART-TIME DOMESTIC EMPLOYEES: Alaska, California, Connecticut, Delaware, District of Columbia, Hawaii, Iowa, Kansas, Maryland, Massachusetts, Minnesota, New Hampshire, Ohio, Oklahoma, South Dakota.
In other states, workers' compensation is not required for household employers with a single domestic employee.
Talk to your insurance company!
We strongly recommend that you discuss your situation and your state's insurance regulations with a licensed insurance agent. HomeWork Solutions' household payroll professionals are not qualified to discuss specific insurance issues.
» 4nannytaxes.com Blog: Real Life Example
» US Department of Health & Human Services:Worker's Compensation in the Consumer Market
» US Department of Labor Survey of Worker's Compensation rules as they apply to domestic service.
» US Department of Labor maintains a list of the state agencies responsible for administering state worker's compensation sytems.
Last Update: December 2011
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