If Nanny is Injured on the Job
When it comes to caring for kids, we all know that little accidents can happen. Between the strewn-about toys, rambunctious pets and quick-darting children, it’s not difficult to see how a nanny may slip, trip or become injured. This is why one particular nanny question from another site struck us — what would you do?
A nanny writes that she was playing outside with her charges, who were quite enamored with the water hose, when the family dog — a 3-year-old Lab — went a little crazy over the water and landed right on the nanny’s foot.
All of his weight went right over the spot where I have a pin in my foot due to surgery last year. It swelled up immediately and it’s bruised pretty bad. It doesn’t hurt to walk as long as I wear flip flops and not shoes but my doctor of course wants me to come in so he can look at it and take x-rays.
While the nanny does have health insurance, she was hoping the family would pay the medical bills she’s expecting to have.
As a part of her argument, the nanny states that the dog is not part of the job description, the kids are. She continues:
This dog has eaten my shoes, scratched the crap out of me on more than one occasion and bit me and the kids and scratched them too. The dog eats all the toys and shoes and anything else left down on the floor. The dog is also pretty hyper and they never trained it not to jump on people, sit, stay, not to run away and etc.
Should the nanny reasonably expect the family to cover her medical bills?
A liability adjuster and legal analyst at a property and casualty insurance company weighed in, saying that the family was only legally liable for the injury if it was caused by some sort of negligence on their part. Another commenter countered that the family was indeed negligent because the dog had an established pattern of bad behavior.
Nannies, has something like this ever happened to you? How was it resolved?
August 7th, 2008 at 7:57 pm
Funny….this just happened to me….wherein I was carrying toys downstairs and missed the last stair (wood) in an attempt to not step on the pile of clothes the family continually leaves on the stairs. It happened at 12am. I severely injured a ligament in my ankle, have been in pain and on crutches since it occurred (two weeks ago). It was so bad that it required me to call a friend to drive me home…and then back again the next morning by 8am as I was scheduled to work. To date, all I have requested is that I be reimbursed for my crutches. I am disgusted to say that the mother has not once asked how I was nor responded to my request. I have since ceased my services with her.
That being said, it is a touchy subject for both nanny and family. If a nanny has insurance that covers everything, why would she want the family to pay her medical bills? Sounds fishy to me.
August 7th, 2008 at 9:21 pm
This never happened to me but if I was that nanny, I would keep the dog ALWAYS outside. Or would find a better job. Luckily, all the families that I have worked for whom had a dog, trained them and they were friendly - I love dogs!
August 8th, 2008 at 6:21 am
I am a live-in nanny with a wonderfully amazing family. Two months after I was hired, I tripped over one of the dogs which caused an injury to my wrist and forearm as well as a fractured elbow. The accident was completely my fault and it happened while I was off duty. My employers covered all of my medical expenses anyway. I love and respect the family that I work for. Should a family pay, regardless of negligence on their behalf? If you are hurt in their home I believe it is the considerate thing to offer — especially if they are an asset to your family.
August 8th, 2008 at 9:21 am
Call the Duck…AFLAC…!!! It is well worth it!
August 8th, 2008 at 1:41 pm
Most families can turn the any medical bills paid because of accident in their home to their homeowners insurance. I’ve been a nanny for years, and luckily I’ve never been badly hurt, but I also just bought a house and homeowners insurance that covers up to $5000 of medical bills a guest may need if hurt in my home.
August 8th, 2008 at 1:43 pm
I was working as a nanny and I cut my finger really bad and required stitches. In my situation i did not have medical insurance and my boss paid for the stitches because it was needed immediatly. i felt I should have to pay her back because it was completly my fault. However her home owners insurance covered it so neither of us were out any money. If the family you work for has insurance on their home and you get injured in their home, in most cases the insurance will cover it.
August 8th, 2008 at 10:07 pm
I have worked in a variety of settings. I don’t think there is really a right or wrong way to handle it. If you have health insurance, especially if the family is paying for it, then you should probably expect to pay your co-pays and what not. If you don’t have insurance, then I think it completely depends on the circumstance.
Knowing the dog has a habit of poor behavior and recklessness, I say it’s the nanny’s fault here. She should know better than to allow the dog to play where the children play and she is responsible for their care. If one of the children were hurt, she’d be responsible for their injuries (not financially, but legally).
It’s a fine line. Be wise, save your money for emergencies, and then you have nothing to worry about!
August 9th, 2008 at 1:51 am
My nanny family has workers comp insurance for me…in 7 years I’ve only needed it twice but its nice to know they care!
August 11th, 2008 at 7:43 pm
i do agree it is a nice thing for family to do and besides we as nannies they ask us to include dog if we are outside i know cos i work with a dog but that is why it is call accidents…. i myself have never had an incident but i do have friends and the family was wonderfull ….. thanks goodness for wonderful family i have one…
August 12th, 2008 at 10:46 am
Wow I would hope they would at least pay for a small portion if it was their fault. If not then I am completely to blame and don’t see the need to have them pay for any of it.
August 13th, 2008 at 2:34 am
wow this is something I should know. I see that everyone is working for nice moms. I once met this mom who intentionally contacted me and I had car accident on the way. but she didn’t tell their office entrance security about me so i couldn’t even get in. her number was wrong. and she left a bad comment!! it was such a bummer. as long as people like her don’t exist, this society is still good to live.
August 29th, 2008 at 10:36 pm
I believe if you are injured in someone’s home they are legally liable for your medical bills. If you were watching their children, in their home, and their heavy/rowdy/misbehaved dog injured your foot, and the people are not well mannered enough to take care of your medical bills - then find a lawyer who will assist you in seeking compensation for your bills. I’d guess you could get monies for your property also - if you want. Did you ever mention those items to your employer? If so, I can’t believe anyone is so rude as to not replace items their dog chewed up - unless they warned you, and you were careless - then it’s your fault I’d guess - just in my opinion. (we have a dog who chews shoes, and we forewarn.)
Even though my father in law is a very good attorney, my in-laws, were just sued because someone fell in their home, and was hurt. They didn’t think they were at fault because the person was careless. I thought they were wrong because their stairs were treacherous, and I could see how someone could fall and get hurt - after all what is homeowner’s liability insurance for? Just this sort of thing - someone gets hurt anywhere on your property - you pay for their injuries. They were in fact at fault, and had to pay for the person’s medical bills, court costs, and because they dragged it out, ended up having to pay pain and suffering. What a mess!
This blurb came off of the website insurance.com:
“Workers’ compensation insurance for employees
If you have employees (such as a housekeeper, gardener, nanny, cook, etc.), your state may require that you carry workers’ compensation insurance coverage for them. Even if you are not required by state law to carry workers’ compensation insurance, it may be wise to do so anyway. If an employee is injured, and if you have hired the worker legally and paid for workers’ compensation insurance, an injury claim would fall under that policy’s coverage. Otherwise, the claim would fall on you. Your homeowners insurance policy is not likely to offer any coverage in this event. If you are hiring regular help who could be considered employees, make sure you consult your insurance agent and/or your state Workers’ Compensation Agency about coverage. “
September 24th, 2008 at 2:39 pm
People are so “sue” happy now a days…..it is very sad!!!! It was obvious in the story that the nanny knew this was a misbehaved dog, but she still chose to work there AND keep the dog a part of their activity that day!!! It was GROSS negligence on her part, and her financial responsibility. Reguardless that it was only a pair of crutches(pretty inexpensive), it’s the principle of the matter. She should have been more responsible, since she IS in charge of someone’s children. Many people are just looking to pass blame for their own mistakes or poor choices!!!!
October 13th, 2008 at 6:29 pm
If possible, I too would recommend sequestering the dog during my work hours. If the parents are unwilling to properly train the dog and the dog creates a hazardous working environment, I would have to speak up at the earliest opportunity and perhaps seek work elsewhere if confinement of the dog was not possible. I would also have requested reimbursement for the first personal item the dog destroyed and following that, keep my things out of the dogs reach. A little common sense goes a long way.