Residential care homes
Do we need workers compensation for live-in staff?
Almost certainly, and the arrangement complicates two things at once. Workers compensation requirements are set by state and generally reach employees regardless of whether they live on site, so the starting assumption should be that coverage is required rather than that a live-in arrangement is an exception.
The harder question is wage and hour. Live-in and sleep-time arrangements are among the most heavily litigated areas of the Fair Labor Standards Act, and the rules on what counts as compensable time are technical enough that informal arrangements frequently do not survive examination.
Most employment practices policies exclude wage and hour damages entirely and give back only a small defense sublimit, so this is an exposure to manage operationally rather than to insure. Have the arrangement reviewed by employment counsel before it becomes a claim.
Source: US Department of Labor, Fair Labor Standards Act
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More residential care homes questions
Why is a business owners policy not enough for a licensed care home?
Because it has no adequate professional services grant, and a negligent care claim is a professional liability claim.
Can a six-bed home get specialty market access?
Yes. What the markets need is a submission that describes the operation accurately rather than one that treats it as a generic small business.
What changes when we open a second house?
The aggregate basis stops being academic, and a bad year at one house can consume the limits protecting the other.
What if the owner lives in the house?
Two policies each assume the other responds. A homeowners policy generally excludes business pursuits and a commercial policy is not written for personal property.
Do small homes need abuse and molestation coverage?
Yes, and small size arguably increases the exposure, because supervision is thinner and a single caregiver spends unsupervised time with residents.
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