DCP hurt on our property

blue_elle · September 2014

So we have a lady watching M in our home. She left the daycare facility to move to watching him and another baby at her home, but was moving/setting up and so has been coming here to watch him. We specifically discussed that because this was short-term until she was set up that we were leaving this as a self-employed situation, not an employer/employee relationship. It's taken longer than expected for the move to happen, so she's been watching him here for about 2 months.

Well, today she fell down our stairs. Thankfully M had just been put down for a nap and she wasn't carrying him. I rushed home when she called and relieved her for the day to go home and relax. She said her neck and back were hurting quite a bit, so I offered her pain meds and gave her an ice/heat pack to take with her. She sent me a message this evening to say she's in a lot of pain and asked if I can find alternate care tomorrow and mentioned she may go to the doctor in the morning. She hasn't asked about medical bills, but if she does we'll cover any.

My first concern is that she's ok. But I'm also thinking of the potential ramifications of this. Medical bills, alternate care long term, and the big one - what if she decided to file suit against us? I'm also concerned about what happens if she says she was hurt while working in our home, whether the insurance company/state would agree that since this arrangement has gone on so long that she's now an employee rather than a DCP or contractor, and if so would anyone concern themselves with how much we've paid, etc. Hopefully she's totally fine and I'm worrying for nothing, but if anyone has any advice or experience, I'd love to hear it!

MiaMyPuggle · September 2014

No experience. You can't look I to the future, so getting a contract established prob wasn't even on your radar. Did she say she tripped over something or just being clumsy? I hope she doesn't file suit. It's stinks at the law isn't on your side on this one since it was your home. Do you have anything in your homeowners insurance that covers this type of thing?

blue_elle · September 2014

She specifically said there was nothing on the stairs and that she just lost her footing. Our homeowners policy does include some medical coverage for accidents on our property and liability to protect our assets.

When we initially discussed this I actually agonized over it for a number of reasons, including the chance someone could get hurt on our property, and my family would just kind of roll their eyes at me

:-w

blue_elle · September 2014

@arya808 - I don't think it would become an issue of whether there was unsafe conditions. I'm more concerned that if she's injured and unable to work for some amount of time, or has ongoing pain, that it could be found that she's working for us and as her employer that we would have liability for lost wages are ongoing medical care. All of this is hopefully unlikely, just thinking ahead.

TheGreatBeyond · September 2014

Just wanted to say I'm sorry you're dealing with this. That kind of situation always makes me so nervous. I'm a "better to be over insured " and cautious person and like your family, DH just rolls his eyes at me. You just never know what could happen and how someone will react. I'm hoping she heals quickly and everything goes smoothly for you.

NenaMarie84 · September 2014

I have no advice but I hope she heals up quickly and this doesn't become an even bigger issue for you.

DCP hurt on our property

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