Risks Of Hiring a Private Caregiver

Use a HCA Caregiver
(or hire your own?)

When You Look At The Liabilities,
Which Choice Really Costs More?

Liability Issues When You Use an HCA Caregiver Hire Your Own
Hire Your Caregiver

If you hire a caregiver directly as an HCA is liable You are legally liable
“independent contractor” to save HCA caregivers are covered by Without WC insurance, you are
money, the caregiver is really an Workers Compensation (WC) liable for your injured caregiver’s
“employee.” That exposes you to insurance. That is an expense we damages.
all expenses, liabilities and risks of cover for you.
having an employee. Even if you and the caregiver have
The caregiver cannot make a claim an agreement that the caregiver
Caregivers who work the hours you against you or sue you for medical won’t sue you, that “agreement” is
specify, follow your directions, and bills, loss of income, or pain & not legally binding and you are still
use your home and equipment suffering damages. WC insurance legally liable for $10,000’s or
(e.g., dishwasher, washer & dryer, is the caregiver’s exclusive remedy $100,000’s - even if the injury was
vacuum, kitchen and household for those things – by law. not your fault.
equipment) are legally your
employees – not independent That’s the truth! Ask a WC
contractors. attorney.

If the caregiver is injured on the
job (for example, a back injury
that won’t heal), who is liable?

Who has to withhold the HCA is liable You are liable
caregiver’s income taxes (federal The caregiver is our employee and The caregiver is your employee.
and state) and Social Security we withhold these taxes from the You must withhold the taxes from
and Medicare taxes? caregiver’s paycheck and pay the the caregiver’s pay and pay it to the
money to the government. government. The IRS and your State
hold you liable.

Even if you and the caregiver have
an agreement that you won’t be
liable, you are still legally liable.

Over

Liability Issues When You Use an HCA Caregiver Hire Your Own
Hire Your Caregiver

What if a caregiver takes HCA is liable You are liable
valuables from your home? First of all, we carefully screen our You would need to check with your
caregivers and only hire 1 of every insurance company to see if your
Who is liable if a caregiver 25 applicants. loss is covered or excluded.
doesn’t provide good care?
Our caregivers have passed a
nationwide criminal background
check.

If a caregiver takes something from
your home, we are insured to make
you whole.

HCA is liable You are liable
We have professional liability Your homeowner’s insurance may
insurance to compensate our clients not cover this since the caregiver is
for injuries sustained as a result of being paid to work in your home
caregiver negligence. and is legally an employee. You
would need to check with your
We screen caregiver applicants insurance company to see what
thoroughly and conduct national coverages are included or
criminal background checks, and we excluded.
conduct a proprietary psychological
screening test.

We carefully select caregivers for
each client who are trained and
experienced in the specific needs of
the client.

Our caregivers receive ongoing
monitoring from a Client Care
Manager (CCM) who is responsible
for the client’s care.

Through HCA University® our
caregivers learn the latest in
caregiving skills and methods:

1. Nutrition via our Balanced Care
Method®;

2. Dementia intervention via our
proprietary CTM (Cognitive
Therapeutics Method®); and

3. Assistance with activities of daily
living (ADLs).