Hi, we have a part time nanny (all legal and above the table). She's scheduled to work 27 hours / week. Occasionally she picks up additional hours.
Do we need to have workers comp insurance for her?
I believe in Washington state that you need to have this for full time household employees - I'm just not sure at what point she becomes "full time"
If we do not have the insurance and she is injured on the job, what is our exposure?
Workers Comp insurance is not required for "any person employed as a domestic servant in a private home by an employer who has less than two employees regularly employed forty or more hours a week in such employment." RCW 51.12.020.
"Domestic Servant" has been defined in case law as a person hired or employed primarily for the performance of household duties and chores, the maintenance of the home, and the care, comfort, and convenience of members of the household.
Whether your nanny, based on her job duties, falls within this description of domestic servant is unique to your situation.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline