![]() ![]() Since the home-care industry is noted for work-related injuries, this can be a huge risk, especially if the caregiving tasks include lifting, transferring or bathing. This can include the cost of all medical expenses and any disability payments that might become applicable. L did not understand their responsibility as an employer and found themselves in a legal action that took over two years and many thousands of dollars to resolve.Workers' Compensation and Liability IssuesĪs the employer, the individual or family paying for the private home health aide would be held liable for any work-related injury that occurs on the job. It was at that point, that the IRS became aware of the employer and filed a lawsuit for back unemployment taxes, penalties and a fine. ![]() Since she needed income to support her family, the aide filed for unemployment benefits. L full-time, she had no other immediate employment when Mrs. L passed away.īecause the aide had given up all of her other clients to care for Mrs. This relationship was very loving and lasted until Mrs. At that point, the family decided to ask the aide to live in full-time and provide total care to Mrs. L was quite incapacitated and had lost her ability to speak. L continued to have minor strokes that left her increasingly debilitated. L to some of her many medical appointments.Īs time went on, Mrs. Occasionally, the aide also accompanied Mrs. L only needed four hours of help per day to assure that she had a bath, that two meals were prepared and that the weekly shopping was completed. L needed help because of a minor stroke that left her unsteady on her feet. L hired a home health aide for his mother on the basis of a recommendation from a neighbor who also employed this individual. Potential private employers should seek the advice of a labor lawyer to assure appropriate hiring practices with respect to federal tax laws.Ĭase Example: Mr. This can be a serious obligation because it may involve interest on back taxes, civil fines and the possibility of criminal penalties. If the aide has not met his or her tax obligations, this responsibility falls to the employer. In many instances, the aide will not meet the legal criteria as an independent contractor. However, it is the responsibility of the hiring individual to be sure that the aide truly is an independent contractor and is therefore paying their own taxes. Many home health aides will represent themselves as independent contractors, ostensibly relieving the hiring individual of these tax obligations. While at first glance this seems reasonable, it can also cause numerous problems and create unexpected liabilities for the family, who becomes the employer.Īs a private employer, the individual or family is required to pay Social Security, unemployment and payroll taxes. The biggest proportion of people who utilize home health aide services are those who need several hours per day of assistance, as opposed to those who need full-time care.Due to the cost and the increasing shortage of home health aides, many families seeking to hire in-home staff turn to private individuals rather than working through an agency. For example, the individual who needs round the clock care because of treatments or behavioral issues will find a nursing facility or residential setting likely to be more affordable. While it is true that most people would prefer to remain in their own homes, there are circumstances in which care in a residential or nursing facility is more appropriate and more cost-effective. In addition, home health aides help with what professionals call, instrumental activities of daily living (IADLs), such as shopping, meal preparation, making medical appointments, transportation, laundry and companionship. Home health aides (as we will refer to this class of workers) provide a wide range of assistance with activities of daily living (ADLs), such as bathing, dressing, grooming, assisting with ambulation or transferring, toileting, feeding and providing medication reminders. These in-home workers make it possible for people with functional limitations to remain at home in a comfortable, familiar environment. These workers are often referred to as home health aides, certified nursing assistants and custodial care workers. One of the greatest long-term needs of older adults and those with chronic illnesses is for in-home, custodial care services. Private Duty Home Care: Why Work through an Agency ![]()
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