Employer Liability Insurance to cover carer

J

JoeRoberts

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Need to employ a fulltime live-in carer for parent.
Struggling to find any company that provides employer liability for this scenario - does anyone have experience in this area ?
 
Is parent living at home?

most house insurance policies cover EL for what is commonly called ' domestic servants'.
 
Yes, living at home, policy with Allianz. they say would not be covered for employer liability ( e.g .if carer hurt back while lifting mother ) and don't even offer it as additional cover. If carer tripped and fell they would be covered under the public liability element as normal.

This was just a guy on the phone, will need to check the policy now.
 
Hi Ravima - this is the policy clause - the carer would not be employed in connection with the premises - my guess is that this only covers for example a painter or plumber, what do you think ?


Liability to Domestic Employees


We will indemnify You against all sums

which You shall become legally liable to

pay as employer for death, accidental

bodily injury or illness to any Domestic

Employee while in your employment in

connection with the Premises. The

maximum amount payable under this

Policy in respect of any one event or series

of events constituting one occurrence is

€3,175,000 inclusive of all legal fees and


other expenses.
 
you seem to be looking at BUILDINGS section of the Policy. Have a look at CONTENTS section as well
 
Many thanks Ravima, looking at the definition of a domestic employee it appears we are covered


Domestic Employee(s)


Any employee of the Household carrying out

solely private domestic duties in connection

with the Premises noted on the schedule,

including repair, maintenance or decoration.
 
JoeRoberts said:
Yes, living at home, policy with Allianz. they say would not be covered for employer liability ( e.g .if carer hurt back while lifting mother ) and don't even offer it as additional cover. If carer tripped and fell they would be covered under the public liability element as normal.

This was just a guy on the phone, will need to check the policy now.
Click to expand...

That insurance company advice seems poor, confusing and somewhat contradictory.

There is no solid and unique legal definition of what constitutes an employee.
Much turns on the specific facts of any particular accident.

There are a number of tests of whether the employer/employee [master/servant] relationship exists, the principal one being that of control. Control means more that just directing the end purpose of the employee's work but would include retention of the right to direct how any item of work is done.

I would have thought on the information posted that there is a fair presumption that the "master/servant" relationship exists.

The insurance company statement that a fall by carer would constitute a public liability claim makes no sense.
If the carer is an employee they would probably not be able to make a claim under the public liability cover.

Does it make any difference as to which liability cover would operate in the event of an accident ?
Yes.
In the context of a master/servant relationship there are a number of additional and specific legal duties of care owed to an employee that would not exist in the absence of that relationship, e.g. a safe place of work, a safe system of work to name two particular obligations.

If a resident carer was an employee of a homecare agency then I would see any claim falling under the public liability cover as they would probably not be the homeowner's employee.

I would ask the insurance company to explain their position in writing.
Do they want OP to take out a specific employers' liability policy :rolleyes: ?

P.S. side-bar point OP but have you also checked out if there are any requirements to pay PRSI make tax deductions and the like if "employing" a carer directly ?
It might be safer to contract this out to a homecare company on the basis that the carer is not your mother's "employee".
BTW would the fair deal scheme cover this if your mother's clinical position justified it ?
 
Thanks DirectDevil.

We will be employing direct with an employment contract, registering with Revenue for taxes, paying holiday pay etc. In my mind there is no dispute that there is an employer/employee relationship.

Loads of people are doing this so can't understand why it is so difficult to get clarity, or insurance. No-one is offering an employer liability policy, this is what surprises me. It seems to be widely available in the UK.

Anyway, at this stage we just need to go ahead and work-off the basis that what the policy quotes above covers it. Will organise the necessary safety bits such as manual handling training course etc.

Fair deal does not cover care in the home.
 
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