I’m a nanny who was hurt on the job. Can I get workers’ comp?

In North Carolina, nannies are typically classified as “domestic servants.” And whether a domestic servant can receive workers’ comp depends on who is officially their employer.

Are all jobs covered by workers’ comp in North Carolina?

The short answer is “no.” With a few exceptions, businesses with 3 or more employees are required to carry workers’ compensation insurance. But households that directly employ their domestic servants are not required to.

That means that if you are employed by the parents, you would not receive workers’ comp.

If you are employed by a nanny agency that placed you in the home, you would receive workers’ comp benefits. That is assuming, of course, that the business has 3 or more employees.

I’m employed by a nanny agency. How do I apply for workers’ comp?

First things, first. If you are hurt while working, you should see a doctor as soon as possible. This is true even for what may seem like a “minor” injury. This starts the paper trail, so to speak.

You apply for workers’ comp through your employer. You must let them know that you were hurt as soon as possible. This is very important because there may be time limits for filing paperwork.

I’m employed directly by the household. Who will pay for my injuries and time off work? 

Depending on how and where you were injured, you may still be able to take legal action. This could result in you being compensated. Without knowing the exact nature of your injuries, there are some general situations to discuss.

Property owners should keep their property safe. This responsibility also extends to places like museums, parks and restaurants. In the legal world, this is called premises liability. If you were hurt because something needed to be fixed or repaired, you may have a valid claim.

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