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Domestic Employees and Workers’ Compensation: Who is Covered?

Erwin, McCane & Daly | Monday, January 12, 2015



Domestic employees include nannies, baby-sitters, maids, cooks, housekeepers, chauffeurs, home health aides, and more. When it comes to domestic employees and having a domestic-type job, who is protected by New York State workers’ compensation laws?

What it Comes Down To

If you are employed for forty or more hours per week by the same employer (that includes a full-time babysitter, maids, cooks, etc.), your employer is required by law to have a workers’ compensation insurance policy.

Time at a Residence


The amount of time spent at a residence is factored into whether or not you are to be covered. That time includes:

• Sleeping

• Eating

• Running errands

• Any activities the employer counts towards your compensated employment

My Employer Only Has Me 2 Days a Week While He Is Away for Work

If your presence is required, you’re working. So if your employer goes away for 2 days a week while you tend to his home that counts as 48 hours. This definitely falls into the category of needing New York State worker’s compensation insurance.

My Employer Has a Workers’ Compensation Rider in Her Homeowner’s Insurance

Unfortunately, this is not enough. This rider will not cover any domestic employees for workers’ compensation benefits. Your employer needs to have the correct insurance for coverage.

If you’re a domestic employee and you’ve been injured while at work, you should first speak with us as workers’ compensation attorneys. Call us today at 518-449-2245.