Understanding Workers' Comp:
Who Does It Really Protect?

Who does a Workers' Compensation policy actually protect? If a private duty caregiver, employed by an agency, is injured in a client's home, Workers' Comp prevents that caregiver from suing the agency and provides some medical and lost wage benefits for the caregiver. It does not, however, prevent the injured caregiver from suing the client. In fact, if Workers' Comp is involved, the client could be exposed to double jeopardy-- lawsuits from both the caregiver and the Workers' Comp insurance company.

Beware of false assurances suggesting that Workers' Comp protects the client. The most suitable protection for a client is a personal homeowner's insurance policy. An appropriately written policy should include protection for injuries occurring in the home. An umbrella policy provides even further defense. Keep in mind, as well, that if no negligence on the part of the client is determined, the client has no legal financial obligation for an injury a caregiver may receive on the job.