25 Jun - Addressing Risks in Household Employment: Why Every Family Needs Nanny Insurance
Bailey Howes Advisory Team Answers:
Many of the families we work with depend on a nanny, housekeeper, personal chef, gardener, or other domestic employee to help keep their households running smoothly. However, they are often unaware that hiring for these types of services can significantly shift their legal and financial liabilities.
While you may consider your nanny or housekeeper an extension of your family, the reality is that you have a legal obligation and meaningful exposure as their employer. The trust you establish with your employee can easily be strained by a workplace accident or a contractual misunderstanding.
This level of exposure often goes beyond what standard personal insurance policies are meant to cover and must be addressed accordingly.
When Your Home Becomes a Workplace
When you hire an individual to care for your children or manage your household, your property takes on a new role: It becomes a workplace.
As a result, your family's daily exposures evolve to include:
- Liability for workplace injuries: If your domestic employee is injured while carrying out their duties, you may be liable for their medical bills and lost wages.
- Liability for your employee's actions: As the employer, you could potentially be named in a lawsuit arising from your employee's actions. For example, if your nanny causes an accident while driving your children to school, you may be held responsible for third-party injuries and property damage.
- Liability for your employment practices: Making hiring decisions can leave you open to lawsuits for discrimination, sexual harassment, wage violations, wrongful termination, and other employment-related issues.
Where Personal Insurance Falls Short
Standard personal insurance policies are not designed to address the risks posed by domestic employment, creating meaningful gaps in your family's liability protection.
While coverage may be provided in an incident involving an occasional babysitter or yard worker, it is likely inadequate for permanent employees who are regularly involved in your family's day-to-day life:
- Job-related accidents may not be covered if your employee is eligible for workers' compensation or occupational disease benefits.
- Personal liability coverage may not address every type of risk you face as an employer, such as issues related to employment practices.
- Auto insurance liability protection may not extend to situations in which your nanny, housekeeper, or other household worker drives as part of their job responsibilities.
Without the proper protections in place, these gaps could result in significant financial consequences for both your family and your employee.
Addressing the Coverage Gaps
Insurance for nannies and other domestic employees encompasses various solutions that are designed to address the gaps left by personal insurance policies, such as:
- Workers' compensation: Protection against the financial burden of an unexpected workplace illness, injury, or death, which is required under Massachusetts law for domestic employees who work at least 16 hours per week.
- Employment practices liability insurance (EPLI): Coverage for when a conflict leads to an accusation of discrimination, harassment, or other wrongful employment practice.
- Disclosed driver: Protection for when you furnish your car for your employee's regular use.
- Non-owned auto insurance: Coverage that extends liability protection to you when your employee drives their own car while performing their job responsibilities.
Please note that every policy is designed differently. Our advisory team can help you assess any coverage gaps and identify solutions for your specific situation.
Protecting Your Household as an Employer
When your home doubles as a workplace, your insurance needs grow in complexity, making it important to properly coordinate your coverage so it aligns with your responsibilities as both a homeowner and employer.
Consider the following before welcoming an employee into your home:
- Confirm who is considered the employer: Answering questions around who has control over the work, whether it is you, the worker, or a third-party contracting agency, helps direct the conversation around your coverage needs.
- Formulate a detailed employment contract: Clearly outlining all terms, conditions, and expectations in an agreed-upon legal contract can help avoid future conflicts and establish procedures for when an incident does arise.
- Understand the full scope of your exposure: When considering the duties assigned to your employee, think about where in your home they will work, how often tasks will be completed, and what types of mistakes could lead to injuries or property losses.
- Evaluate your existing coverage: Identify coverage gaps in your personal insurance policies, especially regarding workplace injuries, employment practices, and instances where you could be held liable for your employee's actions.
At Bailey Howes, we advise families who rely on childcare and other household services to help manage the various aspects of their lives. When you seek guidance from our insurance professionals, you gain more than a policy—you gain a team that stays alongside you as your life, family, and risks evolve.
