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Domestic Servants and Workers' Compensation Law

Under Arizona workers' compensation law, domestic servants are not eligible for work comp benefits. They are specifically excluded from the statute.

The courts do not look at the claimant's place of residence or the nature of the work done. The test on whether someone is a domestic servant or not is whether activities are being done by the injured worker "for a profit or to meet the personal needs and comfort of the employer."

The easiest way to decide whether you are a domestic servant or not is by asking yourself the question: does your work involve construction or maintenance of the homeowner's private property or do you work directly for that homeowner or care for that person's family?

In this circumstance, the majority of housekeepers are going to be excluded from workers' compensation coverage in Arizona unless they work for an agency.

The same goes for nannies. If you are a nanny and you are hired directly by the homeowner or family to work directly for that family, you are most likely not going to be covered under Arizona work comp law.

In these scenarios, if you are injured, your remedy would probably be to file a claim against the homeowners' insurance policy for bodily injury (double check with a personal injury attorney on this issue).

If you have any questions about this topic or any other topics involving Arizona workers' compensation law, please feel free to call us for a free consultation. We treat our clients like family because we are family.

Matt C. Fendon, Esq.

Arizona State Bar Certified Specialist, Worker's Compensation Offices Statewide in Arizona 602-256-2000, Ext. 306

Categories: Workers' Compensation